OFFICIAL PLAN FOR THE TOWNSHIP OF TERRACE BAY

Transcription

OFFICIAL PLAN FOR THE TOWNSHIP OF TERRACE BAY
Official Plan
Township of Terrace Bay Official Plan Review
January 14, 2014
File P-2560
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Table of Contents
PART ONE - INTRODUCTION ................................................................................... 4
1.1 Community Vision ............................................................................................ 4
1.2 Coordination ..................................................................................................... 4
1.3 Introduction....................................................................................................... 5
1.4 Statement of Purpose ......................................................................................... 8
1.5 Objectives of the Plan........................................................................................ 9
1.6 Effect of the Plan............................................................................................. 12
1.7 Responsibilities of Council .............................................................................. 12
1.8 Responsibilities of Others ................................................................................ 13
1.9 Crown Land .................................................................................................... 13
1.10
Illustrations .................................................................................................. 13
1.11
Planning Context ......................................................................................... 13
PART TWO -- DEVELOPMENT CONCEPT .............................................................. 15
2.1 Historic Development...................................................................................... 15
2.2 New Trends ..................................................................................................... 16
2.3 Urban Settlement Area .................................................................................... 17
2.4 Rural Area ....................................................................................................... 18
2.5 Future Development Expectations ................................................................... 18
2.6 Development Concept ..................................................................................... 19
2.6.1 Growth Related Community Change ........................................................ 19
2.6.2 Retention of At Risk Population Groups ................................................... 20
PART THREE -- GENERAL DEVELOPMENT POLICIES ......................................... 21
3.1 Accessory Uses ............................................................................................... 21
3.2 Affordable Housing ......................................................................................... 21
3.3 Bed and Breakfasts .......................................................................................... 22
3.4 Community Design Principles ......................................................................... 22
3.5 Economic Development .................................................................................. 25
3.5.1 Forestry.................................................................................................... 26
3.5.2 Growth Plan for Northern Ontario ............................................................ 27
3.5.3 Transportation and Utilities ...................................................................... 27
3.5.4 Tourism/Hospitality ................................................................................. 28
3.5.5 Mineral Extraction ................................................................................... 34
3.5.6 Commerce/Institutions ............................................................................. 34
3.5.7 Industry.................................................................................................... 35
3.6 Exemption from Parking Requirements ........................................................... 35
3.7 Garden Suites .................................................................................................. 35
3.8 Home Occupations .......................................................................................... 36
3.9 Intensification, Infill and the Residential Land Supply..................................... 36
3.10
Public Service Facilities and Infrastructure .................................................. 38
3.10.1 Water, Wastewater and Stormwater.......................................................... 38
3.10.2 Waste Management Facility ..................................................................... 41
3.10.3 Transportation .......................................................................................... 42
3.10.4 Infrastructure Corridors ............................................................................ 45
3.10.5 Protection and Education Services ............................................................ 46
3.11
Parks, Recreation and Healthy Communities ................................................ 46
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3.12
Public Service Uses ..................................................................................... 47
3.13
Shoreline Road Allowances ......................................................................... 48
3.14
Special Needs Housing ................................................................................ 48
3.15
Renewable and Alternative Energy Systems ................................................ 48
PART FOUR -- PROTECTING OUR NATURAL ENVIRONMENT AND
RESOURCES ............................................................................................................... 50
4.1 Natural Heritage and Natural Resources .......................................................... 50
4.1.1 Natural Heritage Features and Areas ........................................................ 50
4.1.2 Environmental Impact Study .................................................................... 52
4.1.3 ANSI Designations.................................................................................. 52
4.1.4 Lake Capacity .......................................................................................... 53
4.1.5 Agriculture ............................................................................................... 53
4.1.6 Mineral Aggregate Resources................................................................... 54
4.1.7 Mineral Resources.................................................................................... 57
4.1.8 Water Resources ...................................................................................... 60
PART FIVE – CULTURAL HERITAGE AND ARCHAEOLOGY .............................. 62
5.1 Cultural Heritage ............................................................................................. 62
5.2 Archaeological Resources ............................................................................... 64
5.3 Marine Archaeological Resources ................................................................... 65
PART SIX – PROTECTING PUBLIC HEALTH AND SAFETY ................................. 66
6.1 Natural Hazards............................................................................................... 66
6.2 Land Use Compatibility .................................................................................. 68
6.3 Noise/Contamination ....................................................................................... 68
6.3.1 Noise........................................................................................................ 68
6.3.1 Man-Made Hazards .................................................................................. 69
6.3.2 Mine Hazards ........................................................................................... 70
PART SEVEN -- LAND USE DESIGNATIONS ......................................................... 72
7.1 Land Uses ....................................................................................................... 72
7.2 Urban Settlement Area .................................................................................... 73
7.2.1 General Policies for the Urban Settlement Area ........................................ 73
7.2.2 Residential Area ....................................................................................... 76
7.2.3 Terrace Waterfront District ...................................................................... 79
7.2.4 Commercial and Institutional Area ........................................................... 80
7.2.5 Highway Commercial .............................................................................. 81
7.2.6 Industrial Area ......................................................................................... 83
7.2.7 Open Space .............................................................................................. 85
7.3 Rural Area ....................................................................................................... 86
7.3.1 Rural Designation .................................................................................... 86
7.3.2 Waste Management Facility ..................................................................... 91
7.3.3 Environmental Protection ......................................................................... 91
PART EIGHT - IMPLEMENTATION ......................................................................... 91
8.1 General ........................................................................................................... 92
8.1.1 Hardship .................................................................................................. 92
8.2 Acquisition of Land ......................................................................................... 93
8.3 Amendments to the Official Plan ..................................................................... 93
8.4 Building Code Act........................................................................................... 93
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8.5 Community Improvement................................................................................ 93
8.6 Development Charges ..................................................................................... 94
8.7 Height and Density Bonusing .......................................................................... 94
8.8 Holding By-laws ............................................................................................. 95
8.9 Interim Control By-laws .................................................................................. 96
8.10
Land Division .............................................................................................. 96
8.10.1 Consent .................................................................................................... 96
8.10.2 Plan of Subdivision/Condominium ........................................................... 97
8.11
Non-conforming Uses .................................................................................. 99
8.12
Lots of Record ........................................................................................... 100
8.13
Parkland Dedication (or Cash-in-lieu) ........................................................ 100
8.14
Plan of Condominium ................................................................................ 100
8.15
Planning Applications ................................................................................ 100
8.16
Public Works ............................................................................................. 102
8.17
Site Plan Control........................................................................................ 102
8.18
Temporary Use By-laws ............................................................................ 103
8.19
Property Standards By-law ........................................................................ 103
8.20
Zoning By-law ........................................................................................... 103
SCHEDULES
SCHEDULE "A" - Terrace Bay Settlement Area
SCHEDULE "B" - Terrace Bay Rural Area
SCHEDULE "C" - Terrace Bay Rural Area Constraints
ITEM
PAGE NO.
Figure 1: Township Boundaries ....................................................................................... 7
Figure 2: Aerial Photograph ............................................................................................ 8
Figure 3: Aguasabon Falls and Canyon......................................................................... 29
Figure 4: Aguasabon Golf Course and Lake Superior Shoreline .................................... 30
Figure 5: Casque Isles Hiking Trail ............................................................................... 31
Figure 6: Highway Pedestrian Crossings........................................................................ 32
Figure 7: Principal Snowmobile Routes in Northern Ontario ......................................... 33
Figure 7: Wetlands ........................................................................................................ 51
Figure 9: Terrace Waterfront District ............................................................................. 79
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PART ONE - INTRODUCTION
1.1 Community Vision
Residents of Terrace Bay share in the perception and belief that their community is a
special place;
o The town site is constructed on the crest of a Lake Superior shoreline terrace that
offers outstanding aesthetic and quality of life attributes.
o The planned layout of the various plans of subdivision that define the town site fit
into the underlying physical landscape and maximize the scenic views of nearby
Lake Superior.
o The community offers access to and enjoyment of a rich natural environment.
o The community offers a strong social and cultural support.
o The town site is an evolving tourist destination.
Recognition of these unique scenic qualities is integrated into a historic setting involving
early mill town site beginnings; and a continuing strong company presence characterized
by evolving technologies in the forest products industry in the production of textiles from
pulp fibre.
These attributes, in conjunction with significant community, social and medical facilities
and a long standing reliance upon natural resource development deliver a unique and
highly desirable quality of life, and drive a strong sense of community pride and identity.
In Council’s management of ongoing operation of the municipality; consideration of new
services and/or facilities; and efforts to diversify the community’s economic base, respect
and regard will be given to the above noted aspects and vision of the community that are
valued and enjoyed by residents and visitors.
1.2 Coordination
Land use planning decisions affect and are affected by many stakeholders and by shared
landscapes and resources. A coordinated, integrated and comprehensive approach to land
use planning which considers these and other criteria will lead to well-rounded decisionmaking.
Terrace Bay is a single-tier municipality in the District of Thunder Bay. The Township is
also part of the Thunder Bay District Social Services Administration Board, an agency
that delivers social services and social housing to all municipalities in the district. Terrace
Bay works collaboratively with adjacent and nearby municipalities and Aboriginal
communities regarding social and housing issues of mutual interest.
The Township shares the Aguasabon River and the Lake Superior shoreline with other
municipalities and First Nations communities. These waterways are historically
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important features within the region. The Township shares a common economic past in
forestry with many of its neighbouring jurisdictions.
While the region is shared by organized municipalities, the role and interest of Aboriginal
communities is an integral part of the cultural and development mosaic.
Co-ordination is an operative philosophy in the history of development in the District of
Thunder Bay and continues to be important as communities develop and change.
It is a goal of the Official Plan that land use decisions provide for a coordinated,
integrated and comprehensive approach in managing growth, the stewardship of natural
resources and the protection of the environment where the decisions involve stakeholders
and other municipalities.
Council intends to monitor population, employment and housing development having
regard to trends across the District of Thunder Bay with the intent of reflecting the
growth projections of other municipalities as they may affect Terrace Bay.
Council will collaborate on matters of economic development planning and programming
among regional stakeholders such as business, municipalities, government and education
organizations and Aboriginals.
Council will minimize the potential impact of land use decisions on shared water
resources by introducing or promoting measures to conserve or enhance water quality and
to reduce runoff into water bodies.
Council will conserve cultural heritage and archaeological resources by developing
protocols for consultation with adjoining municipalities and Aboriginal communities.
Council will coordinate the design, development, expansion and monitoring of waste
management systems and the environmental impacts on common watersheds.
Council will provide for on-going communication with the Ontario Provincial Police
regarding safety, crime and social issues affecting the community.
1.3 Introduction
The Township of Terrace Bay encompasses portions of the geographic townships of
Priske and Strey (formerly Townships 82 and 83) District of Thunder Bay, and extends
into Lake Superior to the Canada/U.S. International Boundary. It is one of several urban
or semi-urban communities located along the north shore of Lake Superior east of the
City of Thunder Bay.
Included within the municipal boundaries are the Slate Islands, (Slate Islands Provincial
Park) and numerous smaller islands along the immediate shoreline of Lake Superior. The
Township abuts the Township of Schreiber to the west and lands without municipal
structure abut to the north and east.
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Figure 1: Township Boundaries
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Figure 2: Aerial Photograph
1.4 Statement of Purpose
This official plan is intended to set out comprehensive policies, objectives, and programs
that will guide decision making related to physical change within the Township during
the twenty (20) year lifespan of the plan, and;
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Provide for the general health, safety and welfare of present and future residents;
Enhance and encourage economic development that complements, diversifies, and
grows the current economic base of the community and the surrounding area;
Increase the available housing supply to meet the needs of all income groups;
Co-ordinate and guide development in balance with available resources and
generally accepted good planning concepts and principles;
Encourage the actions of private interests and senior levels of government to
target and implement similar objectives;
Protect the natural environment;
Provide an open, transparent, and fair public framework within which municipal
planning decisions are considered and decided;
Establish and facilitate a clear, easily understood and responsive municipal
planning program;
Develop a strong community in which the focus of growth is directed toward the
serviced Urban Settlement Area in a way that efficiently uses land;
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Develop the town centre as an attractive public meeting place and as the heart of
retail commercial activity in the community;
Protect sensitive land uses from incompatible development;
Maintain the rural character and attributes of the Township that lie outside of the
Urban Settlement Area;
Provide opportunities for and to protect natural resource extraction activities
from uses which would preclude or hinder the continuation of extraction
activities;
Optimize the use of infrastructure in planning for growth and development;
Highlight economic development initiatives that are planned or underway;
Provide measures for conservation, particularly through water and waste
management and recycling.
This document will be utilized;
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By Council, committees of Council and by municipal employees as a reference
framework for public decision making and the ongoing administration of
municipal planning powers and duties.
By private interests and senior governments and public agencies as a reference to
guide their understanding of the community’s long term direction and as a means
of harmonizing their actions and activities with those of the municipality.
This document is – a policy document that provides direction on land use, social and
economic matters related to development in the community. The Plan represents ideas
and concepts that constitute the community’s vision for its future.. The Plan will be
implemented by;
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The municipal zoning by-law and other municipal by-laws.
Ongoing administration of various legislative planning approvals, authorities, and
powers by Council, and the Committee of Adjustment.
Capital and operating budgets.
Discussions and consultations with senior governments - and public agencies.
This official plan shall be known as the “Official Plan for the Township of Terrace Bay”,
or Plan and Council shall be the final interpretation authority with respect to the Plan
1.5 Objectives of the Plan
The Plan is based upon the following objectives;
1. To maintain, where possible and appropriate, enhance the unique and special
character of the Township as it has been identified within the community vision;
2. To create a strong community by managing and directing land use to achieve a
healthy, inclusive, liveable and safe community for all residents and which
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promotes and facilitates the integration of motorized and non-motorized
movement;
3. To reverse the recent population decline by providing opportunities for new
housing, mixed land uses and increased densities;
4. To provide and maintain an adequate supply of land for residential uses,
commercial and industrial development, institutional uses, public service facilities
and parks and open space uses to meet projected growth and development
demands for the planning period of 20 years (2014-2034).
5. To manage change and promote efficient, cost-effective development and land
use patterns which focus development within the Urban Settlement Area but
which provides opportunities for limited development appropriate within a rural
landscape. The municipality will endeavour to create a community that plans
places to live, work, learn and play in close proximity to each other
6. To plan, upgrade and integrate municipal infrastructure and community facilities
commensurate with the growth and development of the municipality. To ensure
that development within the Urban Settlement Area is developed on the full range
of municipal services;
7. To provide for a full range of housing types and densities designed to meet the
projected requirements of current and future residents, including the provision of
affordable housing to low and moderate income groups in the municipality;
8. To provide a full range and equitable distribution of publicly accessible
recreational services;
9. To strengthen and expand existing commercial areas and encourage the expansion
and establishment of existing and new industry and commerce suitable for the
municipality. To develop the town centre in particular as a public meeting place
and as an attractive and prosperous retail and commercial centre for the
community
10. To support the management and protection of significant natural heritage features
(i.e., fish, wildlife) and natural resources for their long-term economic, social, and
environmental benefits to the current and future residents of the area;
11. To encourage alternative sources of energy including renewable wind energy
conversion systems, either as free standing initiatives or integrated into other land
uses;
12. To establish a framework for the Township’s zoning by-law, and for the delivery
of an overall planning program;
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13. To encourage comprehensive participation in the planning process;
14. To strengthen the financial position of the Township;
15. To reduce the potential for public cost or risk by directing development away
from areas where there is a risk to public health and safety or of property damage;
16. To formulate policies which are in compliance with Provincial Plans and which
are consistent with Policy Statements issued under The Planning Act.
17.
18. To manage the Township’s cultural heritage through policies and processes that
serve to identify, recognize, document, protect, rescue and conserve these
resources.
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1.6 Effect of the Plan
No public work shall be undertaken; no by-law shall be enacted; and no planning
approval shall be issued unless in accordance with this official plan.
Notwithstanding the above, Council may;
1. Investigate and consider public works or other matters that are not in conformity
with this plan, and including applications for review and/or approvals incidental
and necessary for such works or matters, but not undertake the actual works until
brought into conformity with this plan; and
2. Adopt an amendment to this official plan, and thereafter enact a zoning or other
by-law that will conform to the Plan if and when Official Plan amendment comes
into force and effect.
The Planning Act also provides and requires that Council carry out a public meeting at
five year intervals for the purpose of reviewing this official plan. It is Council’s intent to
ensure that this obligation is adhered to and that this document is evaluated and updated
in order to ensure that it remain current, relevant, and responsive to the needs and
requirements of the community, and the larger surrounding area. Staff will therefore
arrange such meeting(s) as are necessary and will, in association with the Planning
Advisory Committee, submit appropriate reports detailing the status of the official plan
and the need for revision.
1.7 Responsibilities of Council
The Council of the Corporation of the Township of Terrace has responsibilities with
regard to this plan as follows;
1.
2.
3.
4.
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6.
7.
8.
9.
To prepare this official plan.
From time to time to review and update this plan.
To manage and administer this plan.
To ensure that land use decisions under thie Plan comply with Provincial Plans
such as the Growth Plan for Northern Ontario and are consistent with the most
recent Provincial Policy Statement.
To consult with provincial and other relevant agencies in the preparation of this
plan; in processing of any amendments to this plan; and in ongoing administration
of this plan.
To advise and secure views of the public, local authorities/agencies/boards in
respect of this plan and any amendments hereto.
To only carry out public works and to pass by-laws that conform to this plan, and
including relevant amendments to this plan.
To be the final authority for interpretation of this plan.
To carry out a five year review in the year 2019.
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1.8 Responsibilities of Others
Private interests are typically made to adhere to the official plan through the need to
comply with the zoning by-law, and through a variety of planning approvals as
development applications are considered and processed.
Senior government agencies and offices administering their various mandates are
acknowledged as being generally exempt from this plan. Notwithstanding, such agencies
and offices are encouraged to make decisions which are consistent with the Plan and to
consult with the Township prior to making decisions that affect or are affected by the
Plan.
1.9 Crown Land
Council acknowledges that municipal planning does not extend municipal jurisdiction
over Crown Lands that are located within the Township. Notwithstanding, the
administration of Crown Land by the Government of Ontario, the Township seeks a
collaborative approach in decisions which relate to the use or disposition of Crown Land
within and adjacent to the Township.
1.10 Illustrations
Figures and illustrations have been added throughout the document in order to make the
Official Plan user-friendly. The figures serve as illustrations of concepts and of the
community and its features. The figures should therefore not be considered as part of the
policies of the Plan.
1.11 Planning Context
Council recognizes its obligations in carrying out its responsibilities under the Planning
Act to be consistent with, among other matters, matters of Provincial interest generally
defined in Section 2 of the Planning Act and more specifically defined in the provincial
Policy Statement (PPS) issued from time to time under the authority of Section 3 of the
Planning Act. Such Provincial interests include, among other matters, the protection of
natural and cultural heritage, agriculture, aggregate resources, public health and safety,
the adequate provision of a full range of housing and the adequate provision and efficient
use of transportation and other systems.
Under the Planning Act, municipalities shall have an Official Plan that is reviewed and
updated every five years. An Official Plan is adopted by a local Council in accordance
with the requirements of the Planning Act, and must be approved by the Minister of
Municipal Affairs and Housing. Official Plans shall also be consistent with matters of
Provincial interest as expressed in the Provincial Policy Statement (PPS).
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The PPS is issued under the authority of Section 3 of the Planning Act. It provides
direction on matters of provincial interest related to land use planning and development,
and promotes the provincial policy-led planning system.
All official plans and land use planning decisions shall be consistent with the PPS. The
Terrace Bay Official Plan has been prepared to ensure that it is consistent with the PPS
(2005) and complies with applicable Provincial Plans, notably the Growth plan for
Northern Ontario.
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PART TWO -- DEVELOPMENT CONCEPT
2.1
Historic Development
Pre-European settlement of the area dates to the Shield Archaic culture, a pre-historic
semi-nomadic aboriginal people (5000 .C.). About 500 B.C. the Laurel peoples
dominated this area and were replaced by the Blackduck culture c. 1000 A.D. More
recently, the area has been occupied by Ojibway. Terrace Bay lies between the modern
aboriginal communities of Pays Plat and Pic-Heron Bay.
Terrace Bay was originally called Black Pit and Black Siding apparently due to the nature
of material extracted from a CPR ballast pit for track construction and maintenance. The
name was changed to better reflect the geographic landform of the community
characterized by a series of landward terraces on the north shore of Lake Superior which
were formed during the last ice age. While the CPR rail line was built through the area in
1883, the genesis of today’s community is the forest industry. Logging in the area began
with a shipment of pulpwood by the Pigeon Timber Company in 1891 while the Abitibi
Power and Pulp operated in the area as early as 1927; however, Kimberly Clark formerly
the LongLac Pulp and Paper Company was the first to establish a mill in 1946, the year
the first residence was built in Terrace Bay. The importance of natural resources in the
area was also reflected in the development of Aguasabon River Generating Station, also
in 1946, a project which flooded Jay Lake and Big Duck Creek to create Hayes Lake, a
680 hectare headpond for the hydroelectric generating station. Construction was
completed in 1948 with an annual power generation of 288 gigawatts. The townsite was
established in the mid 1940’s by Kimberly Clark of Canada Inc. to serve as a dormitory
community and location for the company’s kraft pulping mill, which was constructed in
1948.
Kimberly Clark continued to grow it pulpwood operation over the decades with a major
expansion in 1974 from 385 air-dry metric tons (ADMT) to 1,136 ADMT. At the
operations peak the mill employed over 350 people.
On September 1, 1947 Terrace Bay was granted status as an Improvement District, and
then was elevated to a Municipality on July 1, 1959. A year later Highway 17, the Sault
Ste. Marie to Lakehead link of the Trans-Canada Highway was completed connecting
Terrace Bay to the provincial highway network.
The original townsite of Terrace Bay was developed by Kimberly Clark and as a oneindustry town. The company built and owned much of the real estate and infrastructure in
the early years. Aside from some limited multiple unit housing, the company has sold off
its urban real estate holdings; however, the successor company, Aditya Birla Group owns
much of the undeveloped lands surrounding the townsite and is in the throes of divesting
these lands. During the 1970’s and into the 1980’s, forestry expansion, mining activity,
and a generally growing community service sector supported a strong growth trend for
the townsite. Since the mid 1980’s, a gradual decline in manufacturing employment, the
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closure of area mining activities and the loss of service sector employment to other north
shore communities have all contributed to a reversal of the earlier trend and a general loss
of population and employment opportunities.
Terrace Bay, a community of 12,673 km2 in land area is comprised of a mainland area
and the Slate Islands archipelago which sits off shore in Lake Superior. The islands were
once logged but are now classified as a Natural Environment Provincial Park. This 6,570
ha park consists of series of volcanic where woodland caribou still roam. The
municipality has 322 km of mainland shoreline and 354 km of island shoreline.
With the economic circumstances of the forest products industry in northern Ontario,
Kimberly Clark closed the mill in 2009. The mill was purchased in July 2012 by the
Aditya Birla Group from India who are presently converting the pulpwood process to a
liquid pulp to be used for textile production. The new owner has rehired the staff of the
former mill. In the interim period, the Township sought to revitalize the economic base
through key initiatives such as the revitalization of the downtown, rebranding its image
with the construction of a lighthouse, initiating a waterfront redevelopment scheme and
converting a former school to a cultural centre.
The community’s history largely reflects a resource-based economy. Development has
been built primarily around a dependence on the forest products industry. A sustainable
future presents a challenge for Terrace Bay in continuing to position itself to both
respond to the vagaries of international resource markets and at the same time create new
opportunities to diversify its economic base. A sustainable future, like the past will also
depend on maintaining a high quality living environment for residents characterized by
good housing and community services for a diverse age group and economic mix.
2.2 New Trends
The economic circumstances of the early 2000’s has generated a population decline of
roughly 10% (2006-2011) from 1,625, to 1,471. Historically the community has
experienced a fluctuation in population from steady growth over the 1940’s to 1960’6
(1,443-2,013) a decline in the 70’s to 1,860 (1976) a resurgence to a peak of 2,710 in
1986 and a subsequent decline over the last 25 years to 1,471 in 2011. Further decline
has been forestalled by the reopening of the Aditya Birla mill and the rehiring of the staff
laid off in 2009. Although a turnaround is not captured in the 2011 census, the census
nevertheless shows a slowdown in the population loss (-9.5% from 2006-2011 versus 16.7% from 2001-2006). Anecdotal evidence following the purchase of the lumber mill
by Aditya Birla has shown positive economic impacts and an increased likelihood in a
population turnaround.
Despite the historic reversal in population, there is evidence that the situation is
beginning to stabilize. Population change is expected to be influenced by several factors:
1. An influx of employment-related growth to operate the Abitya Birla mill and to
replace retirement aged staff;
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2. Retention of retirement-aged staff in the community through expanded housing
options; and
3. An influx of employment-related population in the service-commercial and
service-industry sector required to provide services to the forestry industry,
tourism and the resident population.
2.3
Urban Settlement Area
The Urban Settlement Area is the original Terrace Bay Townsite, or, the urbanized area
of the Township. It is the intent of the Official Plan to promote the growth and vitality of
the Urban Settlement Area. Terrace Bay’s town site (Urban Settlement Area) is a planned
community, laid out and established largely by registered plans of subdivision.
Residential neighbourhoods exist both north and south of the Trans-Canada Highway
which passes through the centre of the town site, and which supports areas of commercial
and institutional land uses. Industrial and highway commercial lands are located at the
easterly corner of the built up area, including the Aditya Birla kraft pulp mill that
dominates the community’s local economy.
The entire town site is located approximately ½ kilometre from the shoreline of Lake
Superior, designed into and back from the top of natural shoreline terrace slopes that
drops significantly to lake level. This setting and its immediate access to the surrounding
natural environment contributes significantly to an outstanding quality of life in the
community.
Based upon year 2011 statistics, there are 822 private dwelling units in the community.
Single detached dwellings dominate, representing approximately 88 % of the existing
housing stock. The number of privately owned dwellings is well above Ontario’s
Provincial average, as is the existing average frontage and lot area of a typical single
detached residential dwelling. Such large lots, fitting into the natural underlying
landscape and often enjoying outstanding views, contribute to an outstanding quality of
life in the community. This is reflected in the community vision set out previously in this
document.
A number of vacant buildable lots exist within the built up community and represent an
immediately available supply for new housing. In addition, other vacant lots exist which
have drainage, topography or other conditions which render construction more difficult or
somewhat impractical. Finally, local pockets of vacant land and the next stage of the
Terrace Heights subdivision are capable of being brought forward as sources of
residential lands, where the need arises.
The Urban Settlement Area also includes lands adjacent to Beach Road and Ridgewood
Drive extending towards the Lake Superior shoreline, in order permit appropriate
servicing of any future proposals for residential or tourist-oriented growth along these
corridors.
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Schedule “A” illustrates the Urban Settlement Area boundary and the various land use
designations within the settlement area consistent with Section 1.1 of the Provincial
Policy Statement. .
2.4 Rural Area
Much of the area within the municipal boundaries but outside of the urban built up area is
either private land owned by Aditya Birla Group, or is Crown Land, and is typically
covered by natural vegetation and is otherwise vacant.
To the west of the town site, Hydro Bay on Lake Superior supports two seasonal cottage
developments and a run of the river hydro generation facility, which also extends to an
intake on the shores of Hayes Lake. Ontario Hydro Generation Inc. also manages the
level of Hayes Lake up to an elevation of 905 ft (275.8 metres) Geodetic Survey Datum
consistent with the operation of the Aguasabon Generating Station. To the east, land uses
include a Ministry of Transportation service yard and the Kimberly Clark Blackbird
Creek effluent treatment system, (ultimately draining into Jackfish Bay).
Lands within the westerly and central area of the Township are characterized mainly as
meta-volcanic rock. They are rugged, with exposed bedrock, steep rock faces, and areas
of shallow organic soils and fragmented drainage. To the east of the town site, the
Terrace Bay Batholith underlies large areas of sand deposits.
Schedule “B” illustrates the boundaries of the Rural Area and the various land uses
within rural area of the municipality
2.5 Future Development Expectations
The most likely development scenario in the upcoming five years is one in which the
previous downturn in employment and population will be reversed. This will occur as a
result of a variety of committed and potential economic development initiatives and/or
opportunities ranging from expansion of the McCausland Hospital and construction of
two new schools, to the addition of new commercial businesses west of the town site, the
expansion of the town centre; future redevelopment of the Birchwood Terrace property;
and the possibility of economic benefit arising from considerations by both senior levels
of government to designations of portions of Lake Superior shoreline as major
conservation/tourism components. The Growth Plan for Northern Ontario and and
improvements to communications are expected to contribute further economic
opportunities. As outlined in a housing study undertaken for the Municipality, two areas
of Terrace Bay are well suited to meeting future housing needs. Therefore the Urban
Settlement Area boundary will be modified to include lands closer to Lake Superior,
along Ridgewood Drive and Beach Road.
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2.6 Development Concept
It is the intent of Council that this planning program will have a direct and meaningful
impact upon the current employment and population trends, and will contribute to and
facilitate a reversal of the recent downtrends. During the twenty year life of this official
plan it is expected that the Township’s population will return to approximately 1,800
persons, as the Aditya Birla mill expands and as anticipated economic development
initiatives evolve. Various servicing levels, and the supply of land to meet anticipated
land use activity needs have been established consistent with this anticipated level of
community growth.
2.6.1 Growth Related Community Change
Council will;
•
•
•
•
•
•
•
Maintain the existing differentiation between the Urban Settlement Area and the
Rural Area, and;
o Encourage urban growth to locate in the Urban Settlement Area.
o Facilitate resource based and recreation resource based growth to
locate in the Rural Area.
Encourage urban growth, except where not practical to do so, to be provided with
a full array of urban services including sanitary sewage disposal, water supply,
storm water management facilities, transportation services, utilities,
garbage/recycling pickup, etc.
Manage the development of the current inventory of available vacant registered
plan lots, and;
o To facilitate residential intensification through the build out of residential
dwellings on existing vacant subdivided lands and blocks that are deemed
suitable for future development;
o Seek to resolve physical problems on lots that have been determined to be
difficult to build upon due to factors such as high water tables or other
physical features, and when such problems have been remedied, place
such lots in the inventory of buildable lots.
o Where lots are considered not to be able to support a main dwelling, to
make such lots available for construction of an accessory use only,
provided that construction quality is maintained at a high level, and that
there is no outside storage of materials or vehicles. Such non-buildable
lots may be leased in order to provide for regulation that would ensure
proper maintenance.
Facilitate and promote the development of small parcels of serviced residential
land that have severance and/or subdivision potential.
Rehabilitate existing housing stock notably vacant apartment buildings.
Facilitate the development of waterfront lands on Hydro Bay for residential uses.
Make available new commercial lands, including designation and zoning of the
former Birchwood Terrace property and expansion of the present Highway
Commercial designation at the intersection of Highway 17 and Mill Road.
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•
•
•
•
•
Facilitate a waterfront development program on lands southwest of the town site
including the golf course lands.
To continue to review housing needs in Terrace Bay and to implement the
findings of the Housing Needs Study.
Designate sufficient lands for industrial purposes in the Mill Road area and
integrate improvements to municipal infrastructure with the development of such
industrial lands. To also facilitate the redevelopment of the airport lands and the
rehabilitation of airport facilities.
Provide for ongoing community improvements such as such as construction of
sidewalks where such are currently lacking and need is determined to exist.
Improvements will include linkages that facilitate both motorized and nonmotorized forms or travel.
Participate in or otherwise encourage the development of alternative energy
within the Township.
It is expected that future development opportunities may involve partnerships with senior
levels of government and/or private sector participants. Council expects to be a party to
many such public private partnerships in order to achieve the objectives of this document.
2.6.2
Retention of At Risk Population Groups
The community’s youth are considered to be at high risk of leaving to find employment
in larger centres. Development of local and area amenities, services, programs, activities,
and employment opportunities for youth will be promoted in order to encourage youth to
remain in the community and to continue their participation and contribution to the
community.
Demographic statistics also show the community’s over 65 population group to be
somewhat larger than the Provincial average.
Council further realizes that the
Township’s workforce a higher median age means and a lower proportion of workers in
the Township within the “working age” (25 years to 65 years of age) means the
possibility exists in the coming years that early and/or ongoing retirement could generate
new population opportunities as replacement workers are hired on. This aspect of the
community’s demographics could generate significant impact if retiring workers elect to
remain in the community.
Retention of the retired portion of the community’s population will also be an important
part of the Township’s planning objectives, and will be reflected in the design and
administration of planning programs and activities oriented to the needs of seniors.
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PART THREE -- GENERAL DEVELOPMENT
POLICIES
3.1 Accessory Uses
Typically, a variety of incidental, secondary and accessory buildings, structures, or uses
area associated with a primary use of land or main building are permitted subject to
meeting the relevant policies of the land use designation in which they are proposed.
These will be provided for in the zoning by-law.
3.2 Affordable Housing
It is the intent of the Plan to provide for housing which is affordable to establish a
minimum target for the provision of housing which is affordable to low and moderate
income households of 25%.
The Township will achieve the above target through a variety of measures including the
following:
•
•
•
•
•
•
•
•
•
•
•
•
Using Township-owned vacant residential lots.
Seeking opportunities to participate in future Federal, Provincial affordable
housing programs and through partnership with the District of Thunder Bay
Social Services Administrative Board (TBDSSAB), to engage on matters related
to planning for affordable housing, and in stakeholder consultations related to the
development of local housing and homelessness plans, implementation of those
plans and on-going monitoring.
Facilitating residential intensification within the Urban Settlement Area.
Allowing a second residential unit in a single detached dwelling, semi-detached
dwelling or rowhouse dwelling. A second residential unit will not be permitted
where there is already an existing accessory residential dwelling or dwelling unit.
Facilitating the development of garden suites.
Encouraging mixed-use development such as second storey residential units in the
Commercial and Institutional land use designation (see Section 7.2.4). This may
be coupled with the reduction or elimination of parking requirements for
residential uses in the Urban Settlement Area.
Encouraging the adaptive re-use of vacant commercial and institutional buildings.
Utilizing tools under Section 28 of the Planning Act in association with
community improvement projects.
Providing for demolition control.
Waiving planning and development application fees including building permit
fees.
Reducing cash-in-lieu and parkland requirements.
Providing for the use of provisions of Section 37 of the Planning Act in exchange
for affordable housing.
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3.3 Bed and Breakfasts
Bed and Breakfast accommodation shall be permitted in the Urban Segttlement Area and
the Rural Area in any permanent single detached or semi-detached residential dwelling
unit, except a mobile home provide the dwelling is serviced by sewage and water services
A bed and breakfast shall:
•
•
•
•
•
Be contained entirely within the dwelling, and shall be incidental and secondary
to the primary residential function.
Be operated by the occupant of the dwelling.
Be limited to not more than four bedrooms for guests.
Provide for a breakfast service for guests.
Be permitted to use a small advertising sign.
3.4 Community Design Principles
Good community design seeks to create a safe, functional and attractive built
environment. The Township is committed to achieving a high standard of urban design
through applying the following community design principles in the review and approval
of development applications:
1.
Create streets and public places that are safe, attractive and comfortable:
a. Design street lighting and site lighting for clarity of night-time visibility
for pedestrians, cyclists and motorists.
b. Play areas and public places should be clearly visible with multiple entry
and exit points.
c. Provide unobstructed sight lines along pedestrian, and cyclist routes and
motor vehicle access and exits.
d. Encourage mixed use activity areas to create ‘busy’ public spaces that
permit casual surveillance or ‘eyes-on-the-street’.
e. Separate pedestrian, cycling and motorized activities and plan, encourage
and facilitate the integration of active transportation systems;
f. Create gateways to neighbourhoods.
2. Promote pedestrian friendly design:
a. Plan for convenient walking distances to parks, places of work and other
community services (e.g., 10 minute walk to park or recreation facility).
b. Create dedicated safe walkways and pathways/trails to link activity nodes
(e.g., home-to-work, routes to school, public services, retail areas, places
of worship and recreational and cultural areas).
c. Provide continuous sidewalk linkages and maintain highway crosswalks.
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3. Create opportunities for energy conservation:
a.
b.
c.
d.
e.
Orient buildings to take advantage of solar gain.
Retain/plant shade trees for summer cooling and winter shelter.
Encourage pedestrian and bicycle usage over motorized travel.
Encourage energy efficient construction (e.g., LEED).
Encourage the installation of micro-scale alternative and renewable energy
systems (e.g., solar panels, wind turbines).
f. Recycle stormwater run-off.
4. Protect views and vistas of built and natural landmarks:
a. Conserve views and vistas of Lake Superior.
b. Use architecture to create landmarks.
c. Provide special attention to existing architectural landmarks.
5. Create a safe liveable winter community:
a. Build in measures to protect pedestrians and properties from the impacts
of climate such as minimizing snow drifting at entrance points to buildings
and at emergency exits, avoiding structures which allow snow or ice to fall
onto sidewalks or pedestrian pathways, using landscaping for summer
cooling or shelter from wind, maximizing sun light penetration, avoiding
sun shadow on adjacent properties, providing weather protected pedestrian
spaces and bus shelters.
b. Provide for snow storage in site design.
c. Ensure that signage for accessible facilities are visible under winter
conditions.
6. Conserve architectural heritage:
a. Conserve significant heritage resources including buildings, structures,
and streetscapes through preservation (e.g., maintain or restore a heritage
resource within its context or setting), or through adaptive re-use (e.g.,
rehabilitation of a heritage resource for a new use or function).
b. Sensitively rehabilitate heritage buildings where required to improve
accessibility, etc., while having lowest impact on heritage features.
c. Provide for consistency and coherence in the architectural design of
buildings in the Urban Settlement Area.
d. Maintaining a consistent height and character profile for the height,
density, massing and architectural style of buildings, notably for infill and
intensification projects.
e. Conserving the heritage attributes of the shoreline of Lake Superior.
f. Provide for a consistent design approach in the town centre in the use of
similar colours for the building façade (blue and white), the use of rock
and wood from local sources, providing for landscaping and street
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furniture that creates a functional public space, providing for buildings
that area accessible for disable users, ensuring the availability of wi-fi
services and providing for the integration of standard and barrier-free
parking spaces at regular intervals along the parking area.
7. Ensure compatible design:
a. Ensure that the design of medium and high density residential uses is
architecturally compatible with surrounding lower density housing (e.g.,
conserve privacy of adjacent back yards, avoid sun shadow, provide
reasonable transition in building heights).
b. Provide a variety of individual housing designs to create interesting
streetscapes.
c. Locate loading and service areas to avoid negative visual and nuisance
impacts on nearby residential areas.
d. Locate or mitigate HVAC noise from sensitive receptors.
8. Design with Nature:
a. Integrate the protection of natural features into the design of subdivisions
and sites (e.g., escarpments, river valleys, woodlots, rock outcrops).
b. Provide for tree replacement plans and construction mitigation plans for
all new development.
c. Maximize the retention of existing (native) vegetation for all development
and provide for the reinstatement, restoration or enhancement of vegetated
areas wherever feasible.
d. Minimize grading and hydrogeological changes to avoid disruption to
natural ecosystems.
e. Target a minimum of 25% for landscape coverage for new commercial,
industrial, institutional and medium and high density developments.
Secure higher percentages through bonusing and easements or other
incentives.
f. Retain, detain and recycle stormwater to avoid excess run-off, erosion and
sediment discharge.
9. Design for accessibility and circulation:
a. Incorporate barrier-free design for new development.
b. Incorporate standards for accessible parking into zoning and site plan
control agreements.
c. Ensure the street network accommodates all intended users (e.g.,
automobiles, public transit, emergency vehicles, pedestrians, persons with
disabilities and cyclists).
d. Provide daylighting at street intersections.
e. Provide adequate intersection spacing for streets and driveways with
unobstructed sight lines.
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f. Where appropriate, incorporate traffic calming elements to moderate
vehicle speeds and promote pedestrian and cyclist movement.
g. Encourage snowmobile access to lodging, fuel, repair and eating facilities.
10. Site Design:
a. Provide barrier-free access from buildings to sidewalks through dedicated
pathways or sidewalks.
b. Locate parking areas in close proximity to building entrances. However,
parking areas shall generally be located to the side or rear of buildings.
c. Link parking lots to abutting uses to provide movement between lots.
d. Provide adequate lighting levels and uniform coverage in parking areas
and pedestrian walkways. Screen lighting from glare onto adjacent
residential properties and public streets.
e. Provide clearly defined access routes and signage for designated fire
routes.
f. Provide convenient and easily visible locations for handicapped parking,
bicycle and motorcycle parking.
g. Locate storage areas or provide adequate visual buffering to fully screen
from adjacent public streets and sensitive land uses.
h. Locate drive-through windows/services away from residential areas.
i. Provide adequate off-street stacking spaces for drive-through facilities and
to avoid illumination of vehicle headlights on neighbouring properties.
j. Minimize hard surfaces.
k. Provide for legible signage and consolidate signage for multiple uses.
3.5 Economic Development
It is the intent of the Plan to promote economic development and diversification of the
economy of Terrace Bay by providing for an appropriate mix of land uses (including
employment-oriented land uses) to meet current and projected needs.
Council will monitor the availability of designated commercial, industrial and
institutional lands to ensure there continues to be and adequate land supply to provide
opportunities for a healthy and diversified economic base.
Forestry harvesting/kraft product manufacturing, and tourism/hospitality are expected to
continue to be the primary components of the local economy.
Notwithstanding, several local initiatives have aided the local economy in recent years.
These include expansion of the McCausland Hospital; construction of two new
elementary schools; new commercial activity at the Mill Road/Highway 17 intersection;
the revitalization of downtown Terrace Bay (Simcoe Plaza), the construction of the
‘lighthouse’, the redevelopment of a former school to a cultural centre (including a
community centre, library, a senior’s centre, meeting rooms and public gathering places)
and promotion by the Township and the Province of the Lake Superior Shoreline as a
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major tourist/conservation/park area, which is expected to continue to drive local tourism
and related development (e.g., an interpretive centre).
Council will continue to support and facilitate economic development through such
initiatives as:
• Increasing the supply of available land for housing development and residential
intensification including the redevelopment of the Legion lands for affordable
housing;
• Expanding Simcoe Plaza as the primary commercial area for the community;
• Increasing the supply of serviced industrial land along the highway corridor (Mill
Road);
• Facilitating the redevelopment of part of the golf-course lands for housing
development;
• Continued redevelopment of the waterfront lands;
• Residential development along the shore of Hydro Bay;
• Continued development of the urban and rural trails network;
• Redevelopment of the airport lands and the reinstitution of air services.
These developments in addition to a recent turnaround in the lumber industry and
subsequent purchase of the mill by the Aditya Birla Group has spurred new optimism that
the past’s population decline trends of the 1990s and 2000s could turn around or stabilize.
3.5.1 Forestry
Forestry was the initial reason for the community, and continues to be the single most
important component of the current economic base..
Council encourages the future harvesting of wood resources that are not currently being
utilized by Aditya Birla Group for use by other wood products industries (i.e.,
construction of wooden trusses). Such an initiative would build upon and broaden the
forestry related economic base of the community.
It is the policy of Council to recognize the importance of forests as a renewable and
sustainable resource within the Township. This includes recognition of timber harvesting
and silviculture activities of commercial timber operators licensed by the Ministry of
Natural Resources as well as private property owners operating under the Woodland
Improvement Act.
On land falling under the Crown Forest Sustainability Act agreements, forestry
management and wood production activities shall be permitted and encouraged. Council
recognizes that other land uses may co-exist with timber operations and such uses
including outdoor recreation, eco-tourism, trapping, traditional native land use activities,
shall be permitted as complementary activities.
In recognizing the importance of forest resources within the Township, it is a policy to
support and help co-ordinate the application of forest resource management techniques to
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ensure compatibility with harvesting, renewal and maintenance of operations with other
resource attributes, particularly fish and wildlife habitat.
Council supports the design and application of new forest products technologies such as
the use of pulp fibre to produce textiles.
3.5.2 Growth Plan for Northern Ontario
The Ministry of Northern Development and Mines and the Ministry of Energy and
Infrastructure’s Growth Plan for Northern Ontario, was developed in order to promote
economic success in Northern Ontario. The Official Plan is based on the recognition that
future economic success is based on a diversified economy that embraces innovation; a
population that is healthy, educated, creative and skilled; communities that are vibrant
and attractive; the provision of modern and efficient infrastructure; and a clean and
healthy environment.
Council endorses the Province’s focus on economic development strategies that seek to
position Terrace Bay for a future in which value-added resource production and
refinement can coincide with primary resource extraction, and where attracting new
residents means providing amenities such as an arts and cultural scene and a vibrant main
street that shows visitors and newcomers that residents take pride in their community and
its heritage.
The policies of the Official Plan therefore comply with the general vision provided in the
Growth Plan for Northern Ontario.
3.5.3 Transportation and Utilities
Terrace Bay’s economic history is linked to the importance of transportation corridors
such as rail and highway infrastructure. Railway employment in neighbouring Schreiber
has been one of the main components of that community’s economy, and has resulted in
residential activity within Terrace Bay. The Railway line also runs through the northerly
part of the townsite and services the forest products mill and nearby industrial lands.
The Trans-Canada Highway has been determined to deliver an estimated 781,100
vehicles per year through the community, of which an estimated 585,800 are thought to
be tourist vehicles [source MTO year 2002 traffic count]. Previous estimates indicate
that only 14 percent of this traffic stops in the community, and accordingly efforts to
access this readily available tourism/hospitality market have the potential for a significant
economic contribution.
The Township will encourage the use of service roads where possible to limit the number
of direct access points onto Highway 17. All development adjacent to Highway 17 shall
occur in conformance with the policies of Section 3.10.3.1 - Provincial Highways.
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Council also has an interest in promoting an innovative energy system that uses
alternative sources of energy. In this respect Council wishes to explore and to facilitate
opportunities for renewable wind, solar, and other renewable energy sources in all
appropriate locations, especially wind energy, since the north shore of Lake Superior is
known to have higher than average wind speeds that offer a resource base. Further it is
understood that wind speed is significantly impacted by increases in elevation, and the
Lake Superior shoreline has numerous areas of substantial elevation change. All wind,
solar and other renewable energy projects will be subject to the requirements of the
Green Energy and Green Economy Act.
3.5.4 Tourism/Hospitality
At present, the community offers a variety of tourist-oriented commercial activities
including restaurants, hotels/motels, auto services, and gift shops. It is a goal of the Plan
to ensure that sufficient lands are available and zoned for commercial land uses in the
implementing zoning by-law.
Terrace Bay will actively seek ways to attract the travelling public to stop in the
community through future waterfront development and waterfront promotion; through a
revitalized downtown Terrace Bay, through expanded commercial zoning and support to
tourist related development; and through other tourist related community programs and
activities.
Council recognizes that the Township has no jurisdiction over Crown lands and
Provincial land use features and that any related land use initiatives will comply with all
applicable senior government requirements and guidelines for these features which
include but are not limited to:
• The Lake Superior North Shore Conservation Reserve (See Schedule "C");
• Ontario's designation of the Lake Superior Shoreline Enhanced Management Area
(See Schedule "C"), as identified in Ontario's Living Legacy Land Use Strategy (July
1999);
• The federal Lake Superior National Marine Conservation Area (in this instance,
that portion of the waters of Lake Superior within Terrace Bay's municipal
boundaries).
Both independently of, and in harmony with such Provincial designations, the official
plan has identified a focal waterfront development area within the Urban Settlement
Area, and will provide for a broad range of land uses and activities that are expected to
make up a part of the overall development, and which are capable of being integrated
into any senior government land use category.
This initiative compliments the exceptional tourist resources currently in place including
Aguasabon Falls, Terrace Bay Beach, the Aguasabon Golf Course and the Casque Isles
Hiking Trail and the integration of the trail with its urban counterpart..
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The Casque Hiking Trail in particular extends for 52 kilometres along the Aguasabon
River and the shores of Lake Superior, from Terrace Bay to Rossport. The trail is a part
of a larger trail system – the Voyageur Trail - which parallels much of the early trading
routes used by fur traders and First Nation travellers along the shores of Lake Superior.
Figure 3: Aguasabon Falls and Canyon
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Figure 4: Aguasabon Golf Course and Lake Superior Shoreline
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Figure 5: Casque Isles Hiking Trail
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Figure 6: Highway Pedestrian Crossings
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Figure 7: Principal Snowmobile Routes in Northern Ontario
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3.5.5 Mineral Extraction
The Township is located within the Schreiber-Hemlo Greenstone Belt which has made
major contributions to the community, and, although there are no active mining
operations or advanced stage exploration initiatives nearby today, suggests the future
possibility of future mineral related development.
The community should be prepared to respond to the occurrence of a new mine, and the
potential demands that such would bring to the community. In particular, review of the
Terrace Heights subdivision as source of future housing supply would establish a clear
understanding of the capacity of the Township to respond. The need for an official plan
amendment will be assessed at the time of any such development, once the complete
understanding emerges.
The Township encourages any new mining initiative to locate appropriate portions of
their operation within the municipality, notably in the Rural designation north of the
"Mineral Potential" line on Schedule "C" and of the designated Urban Settlement Area
for support services, subject to the policies of Section 3.10".
Areas of high mineral and mineral aggregate resource potential, identified on Schedule
"A", are subject to the policies of this plan, particularly Section 4.1.7 - Mineral
Resources, and Section 4.1.6 - Mineral Aggregate Resources . These policies are
intended to protect these areas from incompatible land use development and to ensure
their availability for appropriate future development.
3.5.6 Commerce/Institutions
Retail sales, financial services, community service functions, and government institutions
and agencies are all important to the community and to the travelling public.
The focus of such activities will continue to be along Highway 17 and within the town
centre known as Simcoe Plaza.
Core commercial and institutional orientated land use activities such as convenience
stores, churches, retail, offices, restaurants, and hotels/motels are expected to continue to
locate in the current business area, which will be expanded;
o by designation and zoning of the former Birchwood Terrace property as general
commercial.
o Integrating the current general commercial and institutional designations and
zones along Highway 17.
Non-core commercial highway and automobile related (sales, service) commercial
activity will be located at the Mill Road/Highway 17 intersection, expanding upon the
current commercial activity at that location, and upon nearby institutional and industrial
land uses.
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Tourism commercial shall also be encouraged within the intended waterfront
development area, including a focal/interpretive centre, associated restaurant
accommodation; expansion of the existing golf course; equestrian activities, hiking,
viewing and snow mobile trails, and at locations that take advantage of existing natural
recreational resources (outstanding views, watercourses, waterbodies).
3.5.7 Industry
Industrial lands offer the community existing employment, a strong base for tax
assessment, and the opportunity for future growth. The present industrial areas within the
community are generally north-east of the residential community in the Mill Road area.
This area is considered to be capable of supplying additional industrial lands.
The industrial area north-west of Highway 17 contains a number of existing institutional
uses ranging from fraternal organizations to offices. It is anticipated that these uses will
remain a part of the industrial area, particularly since the other institutional area within
the community (along Highway 17) exhibits physical conditions that do not support
further development (i.e., a rock outcropping and cliff).
3.6 Exemption from Parking Requirements
Council may enter into arrangements, to be registered on title, with the owners or
occupants of land for the purpose of exempting lands from parking requirements of the
zoning by-law. Such agreements may provide for a cash payment to be made to the
Township to be placed in a special account and utilized for future municipal parking
purposes.
3.7 Garden Suites
Garden suites are defined as a one-unit detached residential structure containing
bathroom and kitchen facilities that is ancillary (accessory) to an existing residential
structure and that is designed to be portable. Garden suites are intended for people who
are largely capable of living independently but who, by virtue of their age or because of a
disability, require some support to live on their own. Council may provide opportunities
for garden suites on a site-specific basis provided the lot is of a sufficient size and that the
unit can be properly serviced with water and sewage disposal. Garden suites may be
permitted through the passing of a temporary use by-law which may apply for up to
twenty (20) years and extended by amendment thereafter. The Township may establish a
registry under the Municipal Act to govern the occupancy and maintenance of garden
suites. See also Section 8.21 - Temporary Use By-laws.
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3.8 Home Occupations
Home occupations are encouraged as a means of providing services to the community or
as an incubator for new businesses provided that they are compatible with their
surroundings and conform with the land use compatibility criteria throughout this
document.
Home occupations/professions shall also be permitted in the implementing zoning bylaw, subject to the following criteria:
•
•
•
•
•
•
The home occupation is compatible within a residential neighbourhood setting
and does not create a nuisance to neighbouring property owners;
The home occupation is located within the dwelling in the Urban Settlement Area,
but may be permitted in an accessory building in the Rural Area;
No exterior open storage or display shall be permitted;
The home occupation shall be operated by the occupant of the dwelling;
Standards for the class or type of home occupations, the floor area occupied by
the business, parking and signage shall be set out in the zoning by-law;
The Municipal Act may be used to govern the hours of operation and registration
of the business.
Council may also establish other permitted uses as home occupations in a temporary
zoning by-law as a means of allowing the owner to establish the existence of potential
markets prior to initiating a commitment to establishing in areas zoned for full
commercial land use [see temporary zoning].
Council will not generally support applications to amend the size regulations of the home
occupation section, but rather would encourage successful home occupations to re-locate
to a commercial district in anticipation of higher levels of traffic, deliveries, and similar
characteristics associated with such activities when carried out at a larger or more
intensive scale.
3.9 Intensification, Infill and the Residential Land
Supply
An inventory of 241 – 312 lots/units have been identified (2013) for potential residential
development of which some 30 lots are classified as infill lots. The vacant land supply
provides a source of readily available residential lands to meet current and projected
needs within the Urban Settlement Area. It is the intent of the Official Plan to provide
opportunities for intensification and redevelopment using the available vacant land
supply of approved residential lots coupled with the rehabilitation and intensification of
both the existing residential and non-residential building stock and the development of
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other vacant parcels to accommodate the current and projected housing needs within
Terrace Bay
It is a policy of the Plan that development will facilitate intensification, redevelopment
and a compact urban form while maintaining appropriate levels of public health and
safety.
In order to implement a target that 90% of development occur on the basis of
intensification and infill within the Urban Settlement Area, the following measures will
be utilized:
•
•
•
•
•
•
•
•
The sale or disposition of municipal-owned vacant residential lots to facilitate
development as a first priority;
Focusing residential development on vacant infill and/or underutilized lots
currently serviced with the municipal sewage and water system within the Urban
Settlement Area prior to the extension of infrastructure to “greenfield areas”;
Promoting the redevelopment of brownfield sites including providing financial
incentives under the Municipal Act;
Providing for the conversion of or expansion of existing industrial, commercial
and institutional buildings where they do not detract from the supply of nonresidential lands;
Providing for the rehabilitation and retrofitting of existing residential buildings,
notably apartment buildings;
Providing for the conversion or expansion of existing residential buildings to
create new residential units or accommodation including accessory apartments,
secondary suites and second units in a house;
Promoting the use of upper storeys of commercial properties for residential units
or accommodation.
Using incentives such as bonus zoning to allow for increased densities under
Section 37 of the Planning Act (Section 8.7 - Height and Density Bonusing)
community improvement to permit grants and loans in order to facilitate
intensification under Section 28 of the Act (Section 8.5 - Community
Improvement).
Residential development shall consider the principles for community design (see Section
3.4 - Community Design Principles). Proposals for intensification and infill should not
cause unacceptable impacts on existing development. Consideration will be given to
consistency in building height, building scale, housing densities, building set-backs,
integration with the existing streetscape, traffic impacts, privacy in the use of adjacent
properties, buffering, adequacy of infrastructure, off-street parking supply, availability of
community facilities and preservation of heritage attributes.
Site plan control may be used for residential intensification projects notably with respect
to the protection of private amenity spaces, providing for off-street parking, buffering and
landscaping. The municipality may also consider the need for shadow studies, sight line
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drawings, roof profiles and pitches and building materials. See Section 8.20 - Site Plan
Control.
3.10 Public Service Facilities and Infrastructure
The policies of this section outline how public service facilities and infrastructure will be
provided in a co-ordinated, efficient and cost-effective manner to accommodate projected
needs.
It is the intent of the Plan to ensure that all development applications will be evaluated to
determine whether the public service facilities are or will be capable of supporting the
proposed development at acceptable levels of service, notably schools, health care
facilities and emergency services.
It is the intent of the Plan that efficient use will be made of existing and planned
infrastructure.
3.10.1 Water, Wastewater and Stormwater
The Provincial Policy Statement (PPS) identifies a hierarchy of which full municipal
sewage and water services are the preferred form of servicing for urban areas.
Communal services are identified by the PPS as being the preferred means of servicing
multiple lots/units in areas where full municipal sewage and water services are not or
cannot be provided and site conditions are suitable for the long-term provision of such
services. Individual on-site systems are to be used where the use of communal systems is
not feasible and where site conditions are suitable over the long term. Partial services (where
there is a connection to a one communal service or full municipal service where the other
connection is to an individual on-site system) shall only be permitted where they are
necessary to address failed individual on-site sewage services and individual on-site water
services in existing development and within settlement areas to allow for infilling and
rounding out of existing development on partial services provided that the development is
within the reserve sewage system capacity and reserve water system capacity and site
conditions are suitable for the long-term provision of such services.
3.10.1.1
Sewage Disposal and Wastewater Services
The urban service area of Terrace Bay is also serviced by waste water collection and
treatment services. The urban services area is divided geographically and consequently
there are two catchment areas serviced respectively by two sewage treatment facilities.
The western urban service area has a Certificate of Approval (C of A) that dates back
several decades; hence, the design capacity and current flow rates are unknown for this
system. This system was originally constructed and installed by Kimberly Clark. The
eastern urban service area had average daily flows in 2012 that varied between 38,000
and 55,000 Imperial Gallons Per Day (IGPD). The design capacity of the treatment
system is 100,000 IGPD (454m3/day). Wastewater flow in 2012 was elevated compared
to 2010 and 2011, but was still below flows measured prior to 2010. The total annual
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flow for 2012 (17,891,055 gallons) was approximately 27% less than in 2004. Similarly,
average daily flows have declined from 64,153 IGPD in 2004 to 48,851 IGDP in 2012.
The reduction in flows reflects more conservation minded use as well as the declining
population of the community. The residual capacity for wastewater treatment,
consequently, for the east end of the community is over 50%. The residual capacity could
easily accommodate any projected population increases forecasted for the twenty year
planning period.
The 2013 sanitary system report indicated that the east and the west exfiltration lagoons
are generally functioning very well; however, the report recommends continued
monitoring notably with respect to discharge flows on nitrate concentrations affecting
groundwater.
It is anticipated that any further development within the existing urban service area would
be serviced by municipal sewage services. The golf course lands lie beyond the urban
service limit; consequently, they are unserviced at the time being. The anticipated
development of these lands for residential uses will require the municipality to determine
the most cost-efficient and effective way to service these lands. The municipality
anticipates that a localized municipal communal sewage system may be the most
appropriate servicing solution. Private communal services may only be considered where
municipal sewage and water services are not available.
Outside of the urban service limits such as the potential development of lands on the
north side of Hydro Bay, may be serviced by on-site sewage disposal (conventional Class
4 systems) since the extension of municipal sewage collection to this area would be costprohibitive. Lot areas would be designed to have an adequate size for on-site individual
systems.
3.10.1.2
Water Treatment and Supply System
The urban area of Terrace Bay is serviced by a municipal water treatment and supply
system. A new state-of-the-art water treatment facility was completed in 2011 with a
design capacity for a population of 10,000. The water supply is drawn from Lake
Superior with a backup supply from Hayes Lake. The water treatment system includes a
combination of slow sand filters, direct chemical injection and UV disinfection. The
water distribution system is also designed to provide the fire flows required for fire
suppression services throughout the urban area. For the most part, the distribution system
is looped; however, there are four (4) dead ends which require flushing to maintain water
quality standards. The mill uses approximately 1/3 of the municipality’s water supply for
processing purposes and while the residual supply is adequate, the municipality advocates
water conservation practices to ensure the adequacy for urban development.
It is anticipated that any further development within the existing urban service area would
be serviced by municipal water services. The golf course lands lie beyond the urban
service limit; consequently, they are unserviced. The anticipated development of these
lands for residential uses will require the municipality to determine the most cost-
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efficient and effective way to service these lands. The municipality anticipates that a
localized municipal communal water system may be the most appropriate servicing
solution.
Outside of the urban service limits such as the potential development of lands on the
north side of Hydro Bay, would be serviced by on-site water supply systems (wells) since
the extension of municipal water services to this area would be cost-prohibitive. Wells
would be designed to meet the requirements of Ontario Regulation 903 as amended.
3.10.1.3 Policies
All development within the limits of the Urban Settlement Area shall be serviced with a
full municipal water treatment and supply system with the extension of potential
development in the vicinity of the golf course lands which may be serviced with a
communal system if it is determined to be the most financially viable manner of servicing
future development in the area.
The water supply and sewage treatment facilities are and will continue to be designed to
protect public health and safety, to minimize negative impacts to the natural environment,
to meet the requirements of the approval authority as well as the needs of current and
projected populations.
All development applications will be evaluated to determine whether the Township’s
water, sewage disposal and stormwater services have adequate servicing capacity to
support the proposed development. Proponents may be required to undertake an
assessment of the reserve capacity for municipal sewage and water services as part of the
evaluation. Development will not be approved where the servicing capacity is
insufficient.
The use of public service facilities and infrastructure will be optimized before
consideration is given to new public service facilities and infrastructure. Development
will be planned to ensure the efficient and cost-effective use of existing municipal
sewage and municipal water services.
When planning for new development the Township shall be satisfied that municipal
sewage and water services can be sustained by the water resources upon which such
services rely in a manner that is financially viable and complies with all regulatory
requirements and which protects human health and the natural environment.
The Township will encourage the conservation of water resources.
Partial or communal services will not be permitted except as discussed above in the
vicinity of the golf course. Criteria for the use of communal services in this area include:
•
That it is not feasible to extend full municipal sewage and water services and
where a communal service option is determined the most appropriate manner of
servicing as outlined in a Servicing Options Study.
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In the Rural Area, development may be serviced with on-site individual sewage and
water services under the following conditions:
• The proponent demonstrates that there is sufficient off-site capacity for hauled
sewage (e.g. requiring a letter from a sewage hauler as part of a complete
application).
• The lot size and configuration and site conditions are suitable for the long-term
provision of water and sewage services (see Planning Resource Kit – Guideline
D-5).
• That a servicing options statement and hydrogeological report prepared by a
qualified professional is submitted where more than 4,500 litres [1,189 gals.] of
effluent would be produced per day as a result of the development being
completed.
3.10.1.4
Stormwater Management
An underground run-off and storm sewer collection system exists within the town site,
with catch basins and pipe sizes ranging from six inches to twenty-eight inches. Storm
water outflow locations are tied into natural drainage features beyond the town site.
All development will be appropriately serviced by stormwater facilities. Stormwater
facilities will be designed and constructed using best management practices.
3.10.2 Waste Management Facility
The Township operates a waste management facility site on Highway 17 west of the
townsite, and provides for domestic landfill and scrap metal dumping as well as sewage
and sludge dewatering.
The Terrace Bay waste management facility site was given a provisional Certificate of
Approval in 1982. The site is located south of highway 17, approximately 5 km east of
Schreiber. The site has a total area of 5.55 hectares. The C of A permits the disposal of
domestic, commercial and processed organic wastes (sludge from the sewage treatment
plant). The site jointly services Terrace Bay and Schreiber.
The estimated volume of un-compacted waste placed in the waste management facility
in 2012 was 4,500 m3. Assuming a compaction rate of 40%, the volume of compacted
waste at the landfill in 2012 was 2,700m3. The maximum capacity of the landfill is
290,000 m3. The volume of waste within the landfill site is estimated at 128,600 m3.
Using a conservative volume of placement of 5,000 m3 (including 1,000 m3 for drop-offs)
per year and a compaction factor of 40%, the estimated lifespan of the landfill is 52 years.
The Township has initiated a recycling program which is intended to be expanded as a
means to facilitating waste diversion and the reuse of construction and other materials.
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The Township’s approach to waste management will be increasingly directed to
sustainable practices and a coordinated effort with the Township of Schreiber.
No new use shall be made on lands which have been previously used for the disposition
of wastes for a period of not less than 25 years, unless approval of the Ministry of
Environment has been obtained for the proposed use.
No development of a sensitive land use (i.e., residential or institutional) shall be
permitted within 500 metres of the fill area of the waste management facility site shown
on Schedule ‘B’, without verification from a qualified professional that there will be no
impacts from the waste management system on the proposed use that cannot otherwise be
appropriately mitigated. Uses exempted from verification include infrastructure, forestry
activities, extractive operations, mining activities and agricultural activities except animal
husbandry. Closed or inactive sites may be used for other land uses subject to meeting the
requirements of the Environmental Protection Act. (See Planning Resource Kit,
Guideline D-4 for requirements for development in areas adjacent to landfills.)
Given the lifespan of the current waste management facility, no new facility is required
during the lifespan of the Plan.
3.10.3 Transportation
The town site contains an estimated twenty-five kilometres of municipal road, of which
twenty-one kilometres has an asphalt topping. Provincial Highway 17 also traverses the
Township from east to west.
It is the intent of the Plan to ensure that transportation systems are safe, energy efficient,
facilitate the movement of people and goods, and are appropriate to address projected
needs.
It is a policy of the Plan that connectivity within and among transportation systems be
maintained, and where possible, improved.
3.10.3.1
Provincial Highways
Highway 17 is a controlled access highway which serves a critical role in linking not only
Northwestern Ontario to other parts of Ontario further east and south, but also to
providing an east-west link across Canada in its role as the Trans-Canada Highway.
Provincial highways are under the jurisdiction of the Ministry of Transportation, and
administration by that Ministry includes certain standards and requirements such as
setbacks and access considerations. The Township shall include such considerations in
the zoning by-law and/or shall have regard for such matters through consultation with the
Ministry during the processing of planning approvals.
Provincial policy in this area also calls for the inclusion of portable asphalt plant as a
permitted use within the zoning by-law as more particularly summarized in Section
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4.1.6.5 - Wayside Pits and Quarries, Aggregate Resources. The Township will include
such use within the appropriate rural area zones, and in the industrial zone of the
settlement area, and will provide protection by way of setbacks from existing sensitive
land uses. The Ministry of Transportation also encourages the Township of consider the
use of service roads for new development abutting Highway 17.
The Township further wishes to ensure that existing Highway crosswalks are recognized
and protected within the community and encourages the Ministry to develop more
crosswalks in areas identified as needing them.
In addition to all the applicable municipal requirements, all proposed development
located in the vicinity of a provincial highway will be subject to the Ministry of
Transportation (MTO) approval under the Public Transportation and Highway
Improvement Act.
Any new areas in the municipality identified for future development that are located
adjacent or in the vicinity of Highway 17 and/or intersection within MTO’s permit
control area under the Public Transportation and Highway Improvement Act will be
subject to MTO’s access management policies, standards and requirements. Direct access
will be discouraged and often prohibited.
Access to provincial highways is restricted and development shall only be permitted
where the applicable approvals/permits have been obtained. This may include a traffic
and drainage study. An illumination study may be required for a large format retail
facility.
Any new roads proposed to be connected to a provincial highway are subject to
provincial approval including spacing requirements between intersections.
The design of Provincial and municipal roads will be carried out in a manner that
promotes safe, energy efficient and well-integrated transportation planning for vehicles
and pedestrian movement.
Noise and vibration studies using the LU 131 MOE Guideline may be required prior to
considering whether development should be approved adjacent to a provincial highway
(see Planning Resource Kit).
Outdoor storage on properties abutting a provincial highway shall be visually screened
and appropriately located to ensure that these uses are not a distraction to the travelling
public.
The conversion of a home based business or home industry with frontage on a provincial
highway shall not be permitted where the effect is to create a change in an entrance from
a residential or farmstead entrance to a commercial or industrial entrance or to create a
new or separate entrance. A severance that would result in a separate entrance to a
business will also not be permitted.
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A second entrance for a property owner whose land lies beyond the permit control area
and requests access to a provincial highway via another property owner’s entrance will
not be permitted.
3.10.3.2
Public Streets
The Township’s road network consists of municipal roads. Municipal roads distribute
traffic from Highway 17 to different parts of the municipality and provide for direct
access to properties.
The Township will control road construction, access, parking, truck routes and traffic
signalization as measures to ensure the efficient and safe movement of traffic, including
cycling and pedestrian movement. Traffic management studies may be required for
development to assess traffic impacts and needed improvements (e.g., road widening,
taper lanes, intersection improvements, traffic calming, signalization, crosswalks, and
noise/vibration).
Municipal roads shall generally be designed and constructed to an appropriate design
standard with a minimum right-of-way width of twenty (20) metres.
Planning for the construction of new roads will be carefully integrated with the settlement
pattern to ensure the efficient movement of vehicles and pedestrians and connectivity
between land uses.
It is the intent of the Plan that illumination will be reequired on all roads within the Urban
Settlement Area.
3.10.3.3
Private Roads
A private road is defined as a road under private ownership which serves two or more
legally conveyable lots and may include a right-of-way registered on title. (A driveway,
by contrast, provides access to or is located on only one property or legally conveyable
lot, despite the length of the driveway. A driveway includes a shared driveway between
two abutting properties.)
Except for an internal road serving a condominium development and provided the
internal road connects to a public road, new private roads shall not be permitted.
Existing private roads as shown on the Schedules to the Official Plan may be assumed by
By-law by the municipality where they are first improved by private property owners to
acceptable municipal standards.
An existing lot may be used or developed for a permitted use which does not have
frontage on a public road provided that the existing lot has a legal registered right of
access.
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Council may, in consultation with the Ministry of Natural Resources, in situations where
properties are remote, and are surrounded by Crown Land or Crown Land and
intermittent patent land holdings, consider access by private road involving use permits
or other appropriate arrangements for Crown Lands and/or legal access right of way on
private lands.
Where recreational dwellings are being contemplated under such an
arrangement, typically only one dwelling on an existing parcel will be considered.
Where private roads exist within the Township or where new roads are acknowledged in
a remote situation, it is not the intent of Council that they necessarily become a part of the
municipal road network. Council accepts no responsibility for operation, snow removal,
improvement or other works on such roads, and further accepts no liability that might be
associated with the use of such roads.
Before any private road is assumed by Council, such road shall be brought up to an
acceptable standard comparable to other similar roads within the existing municipal road
network. Council shall be the final authority in the determination of such standard and
the assessment of whether the works achieve such standard.
3.10.3.4 Sidewalks
Many existing streets do not have public sidewalks. The Township will continue to
implement a program of constructing sidewalks where the need is determined (i.e., near
school properties or on main streets) and where sidewalks facilitate safe routes to school,
public facilities and services, retail areas, workplaces, places of worship and recreational
and cultural areas.
New streets and subdivisions shall be constructed complete with sidewalks on at least one
side.
3.10.3.5
Railway
The function of the railway is important to the economy and way-of-life in northeastern
Ontario. To protect the rail line as a transportation corridor, noise-sensitive or
incompatible land uses will be directed away from the corridor and/or the impacts of
noise will be appropriately mitigated using Lu 131 MOE Guideline (see Planning
Resource Kit).
3.10.4 Infrastructure Corridors
Infrastructure corridors and rights-of-way for gas pipelines, power transmission lines,
provincial highways and Township roads and infrastructure will be protected from land
use development that could negatively affect the use of these corridors.
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Any abandoned corridor will be conserved to ensure the integrity of both transportation
and infrastructure requirements of the Township.
3.10.5 Protection and Education Services
A Volunteer Fire Department consisting of approximately 27 persons provides fire
suppression (building and brush fires, but not forest fires), vehicle extraction, water and
ice rescue, fire prevention education, and general emergency response services. The
paper mill also provides its own fire prevention brigade.
Policing is delivered by the Ontario Provincial Police, who operate a satellite office in
Terrace Bay. The satellite office extends the Schreiber office of the OPP which is in turn
a sub-office of the primary office located in Nipigon.
A full range of elementary school services is provided, including public and catholic
schools (English and French language), and French emersion. Two of the elementary
schools in Terrace Bay are of recent construction. A local high school also exists within
the Township.
It is the intent of the Plan to promote the collocation and/or strategic location of
emergency infrastructure in order to support the effective and efficient delivery of
emergency management services and to promote cost-effectiveness and to facilitate
service integration.
3.11 Parks, Recreation and Healthy Communities
It is the intent of the Official Plan that parks and playgrounds are critical in maintaining a
high quality of life for residents of Terrace Bay given their role in promoting healthy,
active
communities.
Parks and playgrounds are permitted in all land use designations where compatible with
surroundings and where there is no risk to public health and safety. It is the intent of the
Plan to promote the provision of a full range and equitable distribution of publicly
accessible built and natural recreational settings, including facilities, parks, open spaces,
trails and water-oriented resources.
Parks and playgrounds should be located at convenient walking distances to the areas that
they serve.
The impacts of planning decisions on municipal and provincial parks, as well as
provincial conservation reserves and conservation areas, shall be considered at all stages
of the planning process.
The number, land area and scope of active and passive parks will be planned, designed
and developed or redeveloped in keeping with the needs of the residents in the area they
serve.
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Development of recreation and leisure facilities will be designed to be compatible with
surrounding land uses.
The design and construction or installation of recreation and leisure facilities will be
harmonized with natural features including topography and woodlands.
Provision for active travel planning, design and construction will consider safety,
accessibility, maintenance and signage and year-round use and maintenance. Provision
will be made for the integration of trails as linkages to transportation corridors,
community activity areas (e.g. waterfront, downtown, community facilitieas and services
and residential neighbourhoods) and high activity areas (e.g., schools).
Publicly owned waterfront lands will generally be retained in the public domain to ensure
that opportunities are provided for public access to water and water-oriented land uses.
The Township may acquire additional lands to add to the inventory of recreational and
waterfront lands held in the public domain.
Adequate services including water supply, sewage disposal, stormwater management and
drainage shall be provided, where applicable, to service recreation and leisure facilities.
The healthy communities policies of this Plan are intended to sustain and enhance the
quality of life in Terrace Bay and include:
• Support for the policies for parks, playgrounds and recreation services listed
above;
• Increasing the use of and public accessibility by all residents to parks,
recreational and leisure services;
• The use of public lands for community gardens and activities that promote local
food security;
• The protection of naturalized landscapes, tree canopies and open space areas
throughout the Urban Settlement Area while maintaining as much of the
shoreline of lakes and rivers in a naturalized state in both the urban and rural
area;
• Protecting significant fish and wildlife habitats;
• Support for the design and development of active transportation systems and
services in all seasons;
• Supporting healthy lifestyles.
All development shall be appropriately zoned and complemented where appropriate by
site plan control.
3.12 Public Service Uses
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Any lands within the Township may be utilized for the purpose of public service by the
Township, by local agencies and/or boards, or by senior levels of government to conduct
the primary business or function of such organization, except that no obnoxious use shall
be permitted and no open storage of goods, materials, or equipment shall be permitted,
except in accordance with the particular provisions of the relevant zone.
Council may establish setbacks and separation distances to ensure the computability of
alternative and renewable energy systems with residential and sensitive land uses.
3.13 Shoreline Road Allowances
Council may also consider the stopping, closing, and selling of shoreline road allowance
to abutting property owners. Such sales will be at market value, and in this respect,
Council may include in the determination of price an amount intended to be a
contribution to a fund intended to determine and/or confirm market value from time to
time.
3.14 Special Needs Housing
The Township will engage the Thunder Bay District Social Services Administration
Board (TBDSSAB), social service agencies, service clubs and other agencies in planning
for and delivering housing for:
•
Low to moderate income households.
•
Seniors.
•
People with special needs and disabilities.
•
Crisis Shelter accommodation (e.g. safe house, hostel, emergency shelter).
•
Residents requiring group homes and garden suites.
3.15 Renewable and Alternative Energy Systems
It is the intent of the Plan to permit alternative energy systems and renewable energy
systems in the Urban Settlement Area and in the Rural Area in accordance with
provincial and federal requirements.
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Planning Resource Kit
Land Use Compatibility: Ministry of the Environment, Guideline D-4, Land Use On or Near Landfills
and Dumps, www.ene.gov.on.ca/publications Forms, Manuals and Guidelines/Land
Noise: Ministry of the Environment, Guideline LU-131, Noise Assessment in Land Use Planning:
Requirements, Procedures and Implementation, www.ene.gov.on.ca/publications Forms, Manuals and
Guidelines/Land
Drainage and Stormwater Management: Stormwater management Planning and Design Manual, 2003,
www.ene.gov.on.ca/publications Forms, Manuals and Guidelines/Water & Sewage Works
Requirements for on-site individual sewage systems: Ministry of the Environment, Guideline D-5,
Planning for Sewage and Water Services including D-D-4, Technical Guideline for Individual On-Site
Sewage Systems and D-5-5, Private Wells: Water Supply Assessment www.ene.gov.on.ca/publications
Forms, Manuals and Guidelines/Land
Definitions: Provincial Policy Statement (2005): development, infrastructure, public service facilities,
redevelopment, residential intensification, reserve sewage system capacity sensitive land use,
settlement areas
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PART FOUR -- PROTECTING OUR NATURAL
ENVIRONMENT AND RESOURCES
4.1 Natural Heritage and Natural Resources
4.1.1 Natural Heritage Features and Areas
It is the intent of the Official Plan to protect natural heritage features and areas for the
long term. Council recognizes the existence of diverse and important natural heritage
features and areas within the planning areas, and promotes the need for their careful and
wise management in order that these features can be protected. Natural features and areas
shall be protected for the long term.
It is the objective of the Plan to maintain, restore, or where possible improve the diversity
and connectivity of natural features in the Township, as well as the long-term ecological
function and biodiversity of natural heritage systems. Council recognizes the linkages
between and among natural heritage features and areas, surface water features and
groundwater features.
Council’s objective in situations where competition occurs between sensitive land uses
and community needs is to achieve an appropriate balance between physical change in
the community and the protection of existing natural heritage features and areas. Council
will;
•
•
•
Identify areas of significant natural heritage features and areas;
Protect significant natural heritage features and areas from incompatible
development;
Promote an environmental consciousness amongst residents..
In order to achieve these objectives, Council will;
•
•
•
•
Require consideration and/or study of such features when they are found to be a
part of or nearby to applications for development or physical change.
Provide zoning protection to significant features that are known to exist, both in
the making of initial land use decisions, and
in requirements for setbacks, buffers, and
other remedial features as are appropriate.
Prevent development on habitat of
threatened or endangered species.
Include setbacks in the zoning by-law that
would not permit aggregate extraction or
forestry on private lands within 300 metres
of Lake Superior.
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Natural heritage features and areas shall include:
•
•
•
•
•
Significant wetlands and coastal wetlands;
Significant habitat of endangered species, threatened species, and/or species at
risk;
Significant wildlife habitat;
Fish habitat;
Significant areas of natural and scientific interest (ANSI)
No development or site alteration will be permitted in significant habitat of endangered or
threatened species or in significant wetlands or coastal wetlands.
Development and site alteration shall not be permitted in significant wildlife habitat, and
significant areas of natural and scientific interest unless it has been demonstrated that
there will be no negative impacts on the natural features or their ecological functions.
Development shall not be permitted in fish habitat
except in accordance with provincial and federal
requirements.
Development shall not be permitted on adjacent lands
to natural heritage features and areas unless the
ecological function of the adjacent lands has been
evaluated and it has been demonstrated that there will
be no negative impacts on the natural features or on
their ecological functions.
Figure 8: Wetlands
Wetlands are unique habitat for many
different species of plants and animals
and also regulate flooding and water
recharge areas.
Adjacent lands are those lands within:
•
•
•
•
•
•
120 metres of provincially significant wetlands
or locally significant wetlands;
120 metres of significant habitat of threatened
and endangered species;
120 m of fish habitat and 300 m of an inland at-capacity lake trout lake;
120 metres of significant wildlife habitat;
120 m from a natural and scientific interest (life science) ANSI;
50 m from an earth science ANSI.
When reviewing development proposals that may impact heritage values, Council shall
contact the Ministry of Natural Resources to obtain current data and/or technical advice.
While it is the intent of this Plan to protect natural heritage features and areas and
prohibit development, applications for development or site alteration may arise from time
to time. In the evaluation of these applications, the protection of these features and areas
will be given priority.
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As an initial step, an appropriate level of ecological site assessment shall be conducted
prior to accepting an application for development as complete or prior to approval of a
development application to determine if significant natural heritage features and areas,
including species at risk, are present on or adjacent to the development lands. Where the
initial assessment determines that one or more natural heritage features is present, no
development or site alteration shall be permitted unless an Environmental Impact Study
(EIS) is completed which demonstrates that no negative impacts will result on the natural
features or their ecological functions (see Section 4.1.2 - Environmental Impact Study
for EIS requirements).
4.1.2 Environmental Impact Study
An Environmental Impact Studies, where required, will:
•
•
•
•
Evaluate the suitability of the site for the proposed development, including an
inventory of the natural features and ecological functions present on the site.
Identify conditions for development and any potential mitigation measures and
monitoring.
The Township may require a peer review undertaken by a qualified professional
of the EIS at the cost of the proponent.
The Natural Heritage Reference Manual, MNR, March 2010 listed in the Planning
Resource Kit below shall be used to further scope the requirements for an
Environmental Impact Study.
Pre-consultation with the Township is required to establish the scope of the development
proposal, identify the natural heritage and hazard issues to be addressed, detail the
accepted methods of evaluating potential impacts, and specify the qualifications of
personnel required to carry out these evaluations.
4.1.3 ANSI Designations
Areas of Natural and Scientific Interest (ANSI) are defined by the Province of Ontario –
typically by the Ministry of Natural Resources, as sites (land or water) which have value
relating to natural heritage appreciation, scientific study, public education, or aesthetic
considerations.
Although there are currently no ANSI designations within the municipal boundaries,
policies are set out herein that would apply should future designations be implemented by
the Ministry of Natural Resources.
Council will generally discourage any development in the vicinity of an ANSI
designation or cause such development to explore means of protecting, and if possible,
enhancing the particular feature. MNR will be consulted in such situations.
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Typically, uses on or nearby to lands designated as ANSI would include conservation,
park, or similar non-intrusive activity. Other uses may also be considered where it can
be demonstrated that the ANSI feature can be maintained.
4.1.4 Lake Capacity
No development shall be permitted on the adjacent lands of an at-capacity lake trout lake
except in accordance with the following criteria.
No new lots may be created within 300 metres of the shores of lakes which have been
identified as being at their biological.
Exceptions may be made for the following circumstances:
•
To separate existing habitable dwellings each of which is capable of supporting a
Class 4 sewage disposal system, provided the land use would not change and
there would be no net increase in phosphorous loading to the lake; or
•
Where all new tile fields would be located such that that they would drain into a
drainage basin which is not at capacity; or
Where all new tile fields would be set back at least 300 metres from the shoreline;
or
Where the natural drainage from the tile field would flow at least 300 metres to
the lake.
•
•
4.1.5 Agriculture
The Township does not contain lands supporting current agricultural activity, and is a
significant distance from potential large regional markets. It is therefore expected that
future opportunity for agricultural activity within the Township is marginal, except
perhaps in association with other industrial activity (i.e., greenhouse utilizing heat byproduct). Notwithstanding, Council will include in the zoning by-law policy for
separation of any agricultural activity and other land uses, and will address such setbacks
in any planning approvals.
All farm and non-farm development will comply with the Minimum Distance Separation
formulae established by the Province in order to minimize odour conflicts between
livestock facilities and development, as amended from time to time.
Agriculture shall mean the use of land, building, or structures for the raising of animals,
birds, and the growing of agricultural crops, including grains, turf, grass, greenhouse
crops, and nursery and/or feed stock and shall include value added agricultural products
directly from the farm operation on the property.
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4.1.6 Mineral Aggregate Resources
4.1.6.1 Mineral Aggregate Resource Potential
Aggregate resources within the Township are utilized for public and for private
development alike and are to be protected for their long-term use in a manner that
minimizes social and environmental impacts and land use conflicts with adjacent land
uses.
As much of the mineral aggregate resource as is realistically possible shall be made
available as close as markets as possible.
Although not considered a land use designation, a Mineral Aggregate Resource Area
overlay recognizes areas where there are deposits of mineral aggregate resources, and
which have the potential to be used for future extraction activities. In areas adjacent to or
in known deposits of mineral aggregate resources, development and activities which
would preclude or hinder the establishment of new operations or access to extractive
resources shall only be permitted where a study (e.g., a mineral aggregate resource
assessment) is undertaken that demonstrates that:
•
•
•
That the extractive resource use would not be feasible;
That the proposed development or land use serves a greater long-term public
interest; and
That issues of public health, public safety and environmental impact are
addressed.
For lands adjacent to or in known deposits of mineral aggregates including mineral
aggregates and bedrock deposits, incompatible development will not be permitted within
adjacent lands which are defined as 500 metres.
It is the intent of the Plan to promote the conservation of mineral aggregate resources and
to facilitate the recovery of these resources where feasible.
4.1.6.2 Authorized Aggregate Sites
Private lands used for aggregate extraction shall be placed in a corresponding zone in the
implementing zoning by-law. Wayside pits and/or quarries and aggregate extraction will
be provided for as a permitted use within the Rural Designation.
Authorized Aggregate Sites include existing and approved pits and quarries. Pits and
quarries that have an aggregate permit on Crown land are not subject to the land use
controls of the Plan but will be identified as Authorized Aggregate Sites on the schedule
for land-use compatibility reasons. Authorized Aggregate Sites are shown as an overlay
on the Schedules of the Official Plan, therefore no amendment to the Plan is required to
establish a mineral aggregate operation. New Authorized Aggregate Sites will be
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identified on the Land Use Schedules at the time of a five-year update to the Official
Plan.
Demonstration of need for mineral aggregate resources, including any type of supply and
demand analysis, shall not be required, notwithstanding the availability, designation or
licensing for extraction of mineral aggregate resources locally or elsewhere.
The proponent shall pre-consult with the Township and complete the necessary
information or studies in support of an application for an official plan and zoning by-law
amendment. Where evaluating proposals for new aggregate extractive operations, or a
Crown Land use approval for aggregate extraction use, Council may request information
including a description of the intended operation, including scale, number of trips per day
involved, length of time that the operation is expected to continue, and area of the
property where the pit will be located. The scope of studies may include:
•
•
•
•
•
•
•
•
•
•
Land use compatibility study;
Heritage Impact Assessment;
Archaeological Assessment;
Environmental Impact Study;
Noise and Vibration;
Blast Impact Study;
Traffic Impact;
Hydrogeological;
Drainage and Stormwater Management; and
Haulage Routes
In addition, the proponent will provide a detailed site plan that illustrates all on-site
natural features, buildings, structures, storage of topsoil and overburden, mitigation
features associated with land use compatibility, the sequence and direction of progressive
rehabilitation and the details of final rehabilitation taking into consideration surrounding
land use and approved land use designations. New operations include expansions of an
existing operation where the lands are not designated or zoned for Extractive Resources.
4.1.6.3 Influence Area and Separation Distances
It is a policy to recognize an influence area as a means of protecting against incompatible
land uses in the vicinity of proposed pits and quarries and to protect existing pits and
quarries from encroachment from other incompatible land uses.
It is a policy of Council to protect existing or future mineral aggregate operations from
development and activities that would preclude or hinder their expansion or continued
use or which would be incompatible for reasons of public health, public safety or
environmental impact.
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Development or site alteration in areas adjacent to or in known deposits of mineral
aggregate resources which would preclude or hinder the establishment of new operations
or access to the resources shall only be permitted if:
•
•
•
The resource use would not be feasible;
The proposed land use or development serves a greater long-term public interest; and
Issues of public health, public safety and environmental impact are addressed.
For the purposes of this Plan, the influence area shall be considered to be:
•
•
500 m [1,640 ft] for quarries with a recommended separation distance of 300 m
[984.2 ft];
300 m [984.2 ft] for pits with a recommended separation distance of 70 m [229.6 ft].
Measurement of the distances shall be from the boundary of the Mineral Aggregate
Resource Area or Authorized Aggregate Site overlays as shown on the Official Plan. The
extent of the influence area may be modified in consultation with the public body having
jurisdiction without amendment to this plan.
Within the influence area, and outside of the recommended separation distance (of 300 m
or 70 m respectively) of pit or quarry, development may be permitted where it is clearly
demonstrated that impacts such as noise, dust, vibration can be mitigated by the operator,
based on technical studies, and the quality and quantity of ground water on adjacent
properties will not be compromised where excavation activities are below the water table.
These policies are reciprocal for an existing residential use or other sensitive land use.
4.1.6.4 Rehabilitation
Progressive and final rehabilitation of mineral aggregate extraction operations shall be
required to accommodate subsequent land uses, to promote land use compatibility and to
recognize the interim nature of extraction. Final rehabilitation shall take surrounding
land use and approved land use designations into consideration.
4.1.6.5 Wayside Pits and Quarries
Wayside pits and wayside quarries for public authority contracts will be permitted
without an amendment to this Plan or the zoning by-law except in areas of existing
development, in the Urban Settlement Areas or areas of particular environmental
sensitivity which have been determined to be incompatible with extraction and associated
activities.
4.1.6.6 Portable Asphalt and Concrete Plants
Portable asphalt and portable concrete plants used on public authority contracts will be
permitted in all designations outside the Settlement Area designation, without the need
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for official plan amendment, zoning by-law amendment, or development permit under the
Planning Act, except in areas of existing development or particular environmental
sensitivity which have been determined to be incompatible with their operation.
4.1.6.7 Hazards
Any development permitted on or adjacent to an existing or former mineral aggregate
operation shall be required to identify and mitigate any known potential hazard.
4.1.6.8 Protection of Natural Areas and Groundwater
Aggregate extraction is not permitted on private lands within 300 metres of the Lake
Superior shoreline.
Mineral aggregate operations will be developed in a manner that protects natural areas
and groundwater. The proponent will conduct studies to identify potential negative
effects on natural features and ecological functions resulting from extraction.
Hydrogeological studies will be required to address adverse effects on the quality and/or
quantity of groundwater where extraction is proposed near or below the water table, or on
or near a ground water feature such as a recharge area.
(See Planning Resources Toolkit, Guideline B-1 Water Management Guidelines and B-7
Reasonable Use).
4.1.6.9 Land Division
In areas shown as Mineral Aggregate Resource Area or Authorized Aggregate Sites on
the Land Use Plan, consents for conveyance may be granted provided any lot creation
does not compromise the conservation of mineral aggregate resources.
4.1.7 Mineral Resources
4.1.7.1 Areas of High Mineral Resource Potential
Although there are no operating mines within the boundaries of the Township, mining
has been the genesis of many communities throughout the region. Furthermore, the
Ministry of Northern Development and Mines have determined that parts of the
Township contain areas of high mineral potential, north of the "Mineral Potential" line
shown on Schedule "A", or areas which have high potential for future mineral resource
exploration and/or mining operations. It is therefore the policy of Council that areas of
mineral resource potential should be protected for long-term use in a manner that
minimizes social and environmental impacts and land use conflicts with adjacent land
uses.
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The Mineral Potential Constraint overlay which is shown on the Land Use Schedule
identifies areas of the Township which are considered to have high mineral potential and
which are to be protected under the policies of this Section.
In areas of know mineral resource occurrence, development and activities which would
preclude or hinder the establishment of new operations or access to the resource shall
only be permitted where the resource is determined not to be viable, where the noncompatible uses or development are considered to serve a greater long term public
interest, and where public health, public safety, and environmental impact are addressed.
Where advances exploration and/or mining operations occur, Council will encourage
progressive rehabilitation to be done as part of the closure plan required in accordance
with the Mining Act to accommodate future land uses.
Former mine sites/abandoned mine hazards identified at the time of the approval of this
official plan are illustrated on the Land Use Schedules and current information regarding
the location of these former mine sites/abandoned mine hazards is available from the
Ministry of Northern Development and Mines (MNDM) (see Section 6.3.2 - Mine
Hazards).
4.1.7.2 Mineral Extraction Operations
It is the intent of the Plan to protect any future mineral mining operations from
development and activities that would preclude or hinder their use or expansion. It is also
the intent of the Plan to minimize conflicts between resource uses and surrounding uses.
Mineral mining operations must be designated Industrial in this Plan and must be zoned
to a Mining zone before extraction can occur. This Plan is not deemed to prevent
exploration activities where they are in compliance with the Mining Act. Advanced
exploration may require amendments to this Plan and the zoning by-law subject to the
activity.
The proponent of a new mineral mining operation shall pre-consult with the Township
and complete the necessary studies in support of an application for an official plan and
zoning by-law amendment. The proponent shall provide information on compliance with
the requirements of the Mining Act, the Environmental Protection Act and other related
approvals as a prerequisite to determining the needs for other land use related studies.
The scope of studies may include:
•
•
•
•
•
•
•
Land use compatibility;
Heritage Impact Assessment;
Archaeological Assessment;
Environmental Impact Study;
Noise and Vibration;
Traffic Impact;
Hydrogeological;
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•
•
Drainage and Stormwater Management;
Haulage Routes.
On-site industrial uses related to mineral mining operations will be subject to land use
compatibility requirements. (See Planning Resource Kit)
In addition, the proponent will provide the details of final rehabilitation with the aim of
accommodating subsequent land uses after extraction and other related activities have
ceased. Progressive rehabilitation will be undertaken wherever feasible. New operations
include expansions of an existing operation where the lands are not designated or zoned
for Mining.
4.1.7.3 Influence Area and Separation Distances
Mineral mining operations shall be protected from development and activities that would
preclude or hinder their expansion or continued use or which would be incompatible for
reasons of public health, public safety or environmental impact.
It is a policy of the Plan to recognize an influence area as a means of protecting against
incompatible land uses in the vicinity of mining operations and to protect mining
operations from encroachment from other incompatible land uses.
It is a policy to discourage or prohibit incompatible land uses in areas adjacent to mineral
resource operations, or reciprocally, to protect existing sensitive land uses. Development
may be permitted in the influence area where impacts of or to mining operations can be
properly mitigated. For the purposes of this Plan, the influence area shall generally be
1,000 metres. The establishment or modification to the influence area should be carried
out in consultation with the Ministry of Northern Development and Mines and the
Ministry of the Environment and does not require an amendment to this Plan.
4.1.7.4 Zoning
The zoning by-law will set out the requirements for Mining uses.
4.1.7.5 Land Division
In areas designated for mineral extraction on the Land Use Plan, consents for conveyance
may be granted provided any lot creation does not compromise the conservation of
mineral resources.
4.1.7.6 Mine Hazards
Mine hazard (Abandoned Mine Information System) sites are identified on the Land Use
Schedules as “AMIS Sites”. AMIS sites shall be rehabilitated under the requirements of
the Mining Act and in accordance with Section 6.3.2 - Mine Hazards.
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4.1.8 Water Resources
It is a goal of the Plan to protect, improve or restore the quantity and quality of water
resources in lakes, groundwater, rivers, streams and Lake Superior and to take consider
the impacts of planning decisions on a watershed-wide scale when considering proposals
for development in order to minimize potential negative impacts including crossjurisdictional and cross-watershed impacts.
It is the intent of the Plan to identify surface water features, groundwater features,
hydrologic functions and natural heritage features and areas which are necessary for the
ecological integrity of the watershed.
Council will implement any necessary restrictions on development and designated
vulnerable areas, and will protect or restore vulnerable surface and groundwater, sensitive
surface water features and sensitive groundwater features and their hydrologic functions.
Planning for development will ensure the maintenance of linkages and related functions
among surface water features, groundwater features, hydrologic functions and natural
heritage features and areas.
It is the intent of the Plan to promote the efficient and sustainable use of water resources,
including practices for water conservation and sustaining water quality.
Stormwater management practices shall minimize stormwater volumes and contaminant
loads and shall maintain or increase the extent of vegetative and pervious surfaces.
Development and site alteration shall be restricted in or near sensitive surface water
features and sensitive groundwater features such that these features and their related
hydrologic functions will be improved, protected or restored. Mitigative measures and/or
alternative development approaches may be required in order to protect, improve or
restore sensitive surface water features, sensitive ground water features, and their
hydrologic functions.
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Planning Resource Kit
Species at risk: http://www.mnr.gov.on.ca/en/Business/Species/index.html
Endangered Species Act, 2007: www.e-laws.gov.on.ca
Habitat protection: Natural Heritage Reference Manual, MNR, March 2010.
Fish Habitat: Decision Framework for the Determination and Authorization of Harmful Alteration,
Disruption or Destruction of Fish Habitat, Department of Fisheries and Oceans, 1998
Shorelines and riparian areas: http://www.livingbywater.ca/
Natural Hazards: MNR, Understanding Natural Hazards, Queen’s Printer, 2001:
www.mnr.gov.on.ca/publications
Lakeshore Capacity Assessment Handbook: Protecting Water Quality in Inland Lakes on Ontario’s
Precambrian Shield (May 2010)
Minimum Distance Separation [MDS] Formulae, Implementation Guidelines, Publication 707, Ministry of
Agriculture, Food and Rural Affairs [email protected]
Land Use Compatibility: Ministry of the Environment, Guideline D-1, Land Use Compatibility and Guideline D6, Compatibility Between Industrial Facilities and Sensitive Land Uses, www.ene.gov.on.ca/publications Forms,
Manuals and Guidelines/Land
Land Use Compatibility: Ministry of the Environment, Guideline D-6, Compatibility Between Industrial
Facilities and Sensitive Land Uses, www.ene.gov.on.ca/publications Forms, Manuals and Guidelines/Land
Noise and Vibration: Ministry of the Environment, Noise Assessment Criteria in Land Use Planning, LU131 (October 1997), www.ene.gov.on.ca/publications Forms, Manuals and Guidelines/Noise
Drainage and Stormwater Management: Stormwater management Planning and Design Manual, 2003,
www.ene.gov.on.ca/publications Forms, Manuals and Guidelines/Water & Sewage Works
Mining Act and Environmental Assessment Act: www.e-laws.gov.on.ca : Requirements of the Mining Act
for the exploration and development of mines:
http://www.mndm.gov.on.ca/mndm/mines/mg/advex/default_e.asp
Water Management Guidelines an Procedures, Ministry of the Environment, Guideline B-1, (July 1994)
www.ene.gov.on.ca/publications
Guideline B-7: Incorporation of the Reasonable Use Concept into MOEE Groundwater Management Activities,
http://www.ene.gov.on.ca/environment/en/resources/STD01_076322.html
Definitions: Provincial Policy Statement (2005): adjacent lands, area of natural and scientific interest,
development, ecological function, endangered species, erosion hazard, fish habitat, flood plain, flooding
hazard, ground water features, natural heritage features and areas, negative impacts, significant, site
alteration, surface water features, threatened species, valleylands, wetlands, wildlife habitat, mineral
aggregate operations, wayside pits and quarries, protable asphalt plant, protable concrete plant, mineral
mining operation, areas of mineral potential, minerals, mineral deposits, mine hazards
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PART FIVE – CULTURAL HERITAGE AND
ARCHAEOLOGY
5.1 Cultural Heritage
Cultural heritage resources include significant built heritage resources, significant
cultural heritage landscapes, significant archaeological resources and marine
archaeological resources or sites.
It is the intent of the Plan to protect significant built heritage resources and to conserve
significant cultural heritage landscapes. The policies of this section serve to identify,
recognize, document, protect, rescue and conserve these resources.
All new development permitted by the land-use policies and designations of this Plan
shall have regard for cultural heritage resources and shall, wherever possible, incorporate
these resources into any new development plans. In addition, all new development will
be planned in a manner that preserves and enhances the context in which cultural heritage
resources are situated.
The Township will also celebrate heritage as part of strategies and plans for tourism and
local celebrations. The Township will also participate in the celebration of heritage and
heritage events with adjacent municipalities and Aboriginal communities.
The Ontario Heritage Act and its provisions will be utilized to conserve, protect and
enhance the heritage of the Township through the designation by by-law of individual
properties, conservation districts and/or landscapes, and archaeological sites. The Clerk
will maintain an inventory of cultural heritage resources designated under Part 4 and Part
5 of the Ontario Heritage Act through the establishment of a Municipal Register of all
property designated under the Act. The Register may include properties considered by
Council to be of cultural heritage value or interest. A Municipal Heritage Committee may
also be established pursuant to Act to advise and assist Council on conservation matters
related to heritage resources.
Council will establish a Municipal Heritage Advisory Committee with responsibility for
developing criteria for the potential identification and designation of significant built
heritage resources, significant cultural landscapes (see Planning Resource Kit, O. Reg.
9/06) and the establishment of one or more heritage conservation districts under the
Ontario Heritage Act. The Committee will establish management policies for the longterm protection and conservation of heritage resources, particularly any heritage
attributes that have been identified during the creation of a heritage resource inventory.
This may include the preparation of a heritage master plan.
Council shall enter into a municipal/provincial data sharing agreement in order to obtain
data and maps of registered/known archaeological sites located with the Township. In
addition, data and maps of any designated or locally significant heritage buildings or
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structures, mapped areas of archaeological potential and/or cultural landscapes located
with the Township shall be maintained as it becomes available for use in planning
review. Council shall regularly update municipal archaeological resource mapping under
the provisions of the municipal/provincial data sharing agreement.
The Township shall have regard for the conservation of all significant cultural heritage
resources during the undertaking of municipal public works or environmental assessment
projects. When necessary, satisfactory measures and/or heritage impact assessments will
be required to mitigate any adverse impact to significant resources as outlined by the
heritage conservation policies contained within this plan. Council shall have regard for
cultural heritage resources in the undertaking of municipal public works. When
necessary, Council will require satisfactory measures to mitigate any negative impacts on
significant heritage resources.
Council shall encourage local utility companies to place equipment and devices in
locations which do not detract from the visual character of cultural heritage resources and
which do not have a negative impact on the architectural integrity of those resources.
Council shall seek the acquisition of easements on properties with heritage significance in
order to assure the preservation of these properties in perpetuity.
Council shall ensure that each municipally owned heritage resource which is sold, leased
or transferred to another owner or lessee is subject to a heritage easement agreement
which will guarantee its preservation, maintenance, and use in a manner which respects
its heritage significance and, when appropriate, is subject to a heritage restoration
agreement, which shall require that certain restoration works be carried out by the new
owner or lessee to a standard acceptable to the Municipal Heritage Committee or other
accepted heritage property standard. Council shall ensure that secondary planning studies
identify cultural heritage resources, which may exist in the area under study and propose
means to protect and enhance any significant heritage resources.
Development and site alteration may be permitted on adjacent lands to a protected
heritage property where a heritage impact assessment prepared by a qualified
professional has evaluated the impacts and demonstrates that the heritage attributes of the
protected heritage property will be protected.
Tools that can be used to protect cultural heritage resources may include the use of site
plan control, the incorporation of heritage conservation through a community
improvement plan, partnering with organizations and other levels of government to
identify, protect and conserve heritage resources, encouraging the adaptive re-use of
older buildings and the existing building stock, approving energy retrofits of heritage
buildings without compromising the heritage integrity of the building, and by ensuring
that public works projects and other municipal initiatives comply with the cultural
heritage policies of this Plan as a condition of approval.
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5.2 Archaeological Resources
Archaeological resources will be conserved by preservation “in-situ” (on the site)
wherever possible and where preserved on site the integrity of the site will be maintained
where development or site alteration is permitted. Where approved and the resources are
removed, appropriate documentation shall be required. An archaeological assessment
undertaken by a licensed archaeologist will be required for development or site alteration
in areas of archaeological potential based on provincial criteria and when a known or
suspected cemetery or burial site is affected by development. An archaeological
assessment may be required in accordance with the provincial criteria for determining
archaeological potential illustrated in the text box above. Where a development or change
of use proposal is determined to have a potential impact on a known cultural or
archaeological resource, it must be demonstrated that the impact will be mitigated.
Council recognizes that archaeological potential will be determined for individual
development applications and building permits through the use of established provincial
screening criteria, or qualified mapping developed based on the known archaeological
record within the Township. Archaeological potential criteria include features such as
proximity to water, current or ancient shorelines, rolling topography, unusual landforms,
and any locally known significant heritage areas such as portage routes or other places of
past human settlement.
Council will regularly update municipal archaeological resource mapping under the
provisions of a municipal-provincial data sharing agreement, as new archaeological sites
are identified from land development and on the Provincial archaeological sites database.
Council with the advice of the Ministry of Culture, may undertake the preparation of an
Archaeological Master Plan. The Plan will identify and map known archaeological sites
registered with the Provincial Archaeological Sites Database, as well as areas within the
municipality having archaeological potential. The Master Plan may also outline policies,
programs and strategies to protect significant archaeological sites.
The Township shall require archaeological assessment by archaeologists licensed under
the Ontario Heritage Act, in areas where there are known archaeological heritage
resources and/or areas exhibiting archaeological potential within the municipal
boundaries of the Township of Terrace Bay. Alterations to known archaeological sites
must only be performed by licensed archaeologists, as per provisions under the Ontario
Heritage Act. Any significant archaeological resource or site identified may be preserved
on site, to ensure that the integrity of the resource is maintained, and/or may it be
systematically removed through excavation by a licensed archaeologist. The integrity of
archaeological resources can be maintained by adopting archaeological zoning by-laws
under section 34 of the Planning Act or other similar provisions, to prohibit any land use
activities or the erection of buildings or structures on land which is a site of a significant
archaeological resource.
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The Township shall ensure adequate archaeological assessment and consult appropriate
government agencies, including the Ministry of Culture (MCL) and the Ministry of
Consumer and Business Services (MCBS), when an identified historic human cemetery,
marked or unmarked human burial is affected by land use development. The provisions
under the Ontario Heritage Act and the Cemeteries Act shall apply.
The Ministry of Tourism and Culture, the Ministry of Consumer Services – Cemeteries
Regulation Unit, the OPP and Aboriginals will be contacted where human remains or an
unmarked burial site or cemetery is discovered.
5.3
Marine Archaeological Resources
The Township may require a marine archaeological assessment to be conducted by a
licensed marine archaeologist pursuant to the Ontario Heritage Act if partially or fully
submerged marine features such as ships, boats, vessels, artifacts from the contents of
boats, old piers, docks, wharfs, fords, fishing traps, dwellings, aircraft and other items of
cultural heritage value are identified and impacted by shoreline and waterfront
developments.
Planning Resource Kit
Heritage protection and conservation: www.culture.gov.on.ca/english/heritage/index.html
Ontario Heritage Resource Tool Kit: www.culture.gov.on.ca/english/heritage/Toolkit/toolkit.htm,
Historic Plaques: http://www.historicplaces.ca, http://www.ontarioplaques.com.
Ontario Heritage Act and Ontario Regulation 9/06; Criteria for Determining Cultural Heritage Value or
Interest
Definitions: Provincial Policy Statement (2005): adjacent lands, archaeological resources, areas of
archaeological potential, built heritage resources, cultural heritage landscape, development, heritage
attributes, significant, site alteration
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PART SIX – PROTECTING PUBLIC HEALTH AND
SAFETY
Certain areas within the Township include lands that have inherent physical
characteristics that are of sufficient severity to generate the risk of personal harm, loss of
life, or significant property damage if developed or utilized. Such lands have
characteristics such as poor drainage; flood susceptibility; erosion susceptibility; severe
slope, or abandoned quarrying or mining works.
Such Lands will be zoned appropriately in the municipal zoning by-law, with use limited
to agriculture, conservation, or passive outdoor recreation and the zone will typically
discourage buildings and structures.
Rehabilitation of old mining and/or pits and quarry workings will be encouraged. Such
rehabilitation shall have regard for stabilization, grading and contouring of slopes;
drainage; re-vegetation; removal of debris; and the filling, fencing, and signing of
exposed mine access points or other hazardous features.
Where development is contemplated on or nearby to such lands, applications shall
include appropriate levels of review. Such review should expect to assess the extent and
nature of the hazard or limitation to the intended use; develop proposals to resolve or
overcome the problems; and identify cost associated with such remedial works.
It is not Council’s intent to support development initiatives or to enter into cost
arrangements that would involve public expenditure of capital funds; or to support
developments that would prematurely extend existing services and/or facilities.
Where use limitation has been identified on private lands, the Township;
•
•
•
Has no obligation to accept such lands as a part of any parkland dedication
required
Has no obligation to re-designate such lands
Has no obligation to otherwise acquire such lands.
It shall be the policy of Council to generally discourage expansion of any nonconforming building, structure or use within lands identified as use limitation.
6.1 Natural Hazards
Natural hazards include:
•
Hazardous lands adjacent to ravines, river valleys, streams and inland lakes which
are impacted by flooding and or erosion hazards.
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•
Hazardous sites such as unstable soils, and organic soils.
Development shall be directed to areas outside of hazardous lands and hazardous sites
including lands subject to flooding hazards.
Development shall not be permitted to locate in areas that would become inaccessible
during times of flooding, or due to erosion or other hazards, unless it has been
demonstrated that the site can be safely accessed appropriate for the nature of the
development and hazard.
Development may only be permitted in an area subject to flooding if the development by
its nature must locate within the flood area, such as a flood or erosion control works or
minor additions to passive non-structural uses which do not affect flood flows.
Setbacks for buildings and structures from the top-of-bank and water courses will be
established in the zoning by-law. Studies may be required to establish setbacks and
overcome hazards to development on hazardous sites such as organic soils. Such studies
might include a geotechnical study.
Development located in or adjacent to flood plain areas will be administered through a
one-zone flood plain management approach, which includes the entire flood plain
bounded by the regulatory flood limit (Timmins Storm) (i.e. Where the one zone concept
is applied, the entire flood plain or the entire flooding hazard limit defines the floodway).
For the purposes of this Plan, the flood plain elevation for Lake Superior is 185.1 metres
CGD which includes a 1 metre wave uprush.
A technical study may be required to confirm the actual extent to confirm the actual limit
of the flood hazard. Development and site alteration will only be permitted if it is
demonstrated that it will occur outside of any flood hazards, and not on lands which are
high points surrounded by flood hazards.
Development shall not be permitted to locate in hazardous lands and hazardous sites
where the use is:
•
•
•
An institutional use associated with hospitals, nursing homes, pre-school, school
nurseries, day care and schools, where there is a threat to the safe evacuation of
the sick, the elderly, persons with disabilities or the young during an emergency
as a result of flooding, failure of floodproofing measures or protection works, or
erosion.
An essential emergency service such as that provided by fire, police and
ambulance stations and electrical substations, which would be impaired during an
emergency as a result of flooding, the failure of floodproofing measures and/or
protection works, and/or erosion.
Uses associated with the disposal, manufacture, treatment or storage of hazardous
substances.
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Development and site alteration may be permitted in those portions of hazardous lands
and hazardous sites where the effects and risk to public safety are minor so as to be
managed or mitigated in accordance with provincial standards, as determined by the
demonstration and achievement of all of the following:
•
development and site alteration is carried out in accordance with floodproofing
standards, protection works standards, and access standards;
vehicles and people have a way of safely entering and exiting the area during
times of flooding, erosion and other emergencies;
new hazards are not created and existing hazards are not aggravated; and
no adverse environmental impacts will result.
•
•
•
6.2 Land Use Compatibility
The term "sensitive lands uses" shall be defined by this Plan to include buildings,
amenity areas, or outdoor spaces where routine or normal activities occurring at
reasonably expected times would experience one or more adverse effects from
contaminant discharges generated by a nearby facility. Sensitive land uses may be a part
of the natural or built environment. Examples may include, but are not limited to:
residences, day care centres and educational and health facilities.
Where sensitive land uses exist nearby, Council will require that the proponents of new
development (as defined in the Township's Comprehensive Zoning By-law) provide
appropriate remedial measures, which may include landscaping and fencing in the zoning
by-law and/or separation distances in accordance with Ministry of the Environment
(MOE) guidelines (D Series or equivalent), to address any contaminant discharges (i.e.
noise, dust, fumes, odour or vibration).
6.3 Noise/Contamination
6.3.1 Noise
Noise is one of the most common negative impacts experienced within urban settings,
and in the case of Terrace Bay, major noise sources includes highway traffic and the
railway. Residential land use, institutional land use, and some commercial land uses are
most typically sensitive to such impacts.
Council’s planning program has been designed and has as objectives the following;
•
•
Separation of noise sources and sensitive land uses, including residential,
institutional and commercial
Abatement and mitigation considerations where development is contemplated
nearby to noise sources.
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Detailed Noise Studies should be completed where:
•
•
The proposed lands are within 250 metres from a provincial highway or 100
metres from the right-of-way of other roads;
The proposed lands are within 500 metres of a Principal Main Railway Line, 250
metres from a Secondary Main Railway Line, or 100 m from other railway lines
Noise Feasibility Studies should be completed where:
•
•
The proposed lands are within 50 metres from a provincial highway right-ofway
The proposed lands are within 100 metres from a Principal Main Railway Line
right-of-way or 50 metres from a Secondary Main Railway right-of-way
Feasibility and detailed noise studies are generally required when the proposed lands are
within the influence area of a stationary noise source, such as an industrial facility, an
aggregate extraction facility, a sewage treatment facility, an ancillary transportation
facility and commercial facilities. See Planning Toolkit and the Ministry of the
Environment Guideline “Noise Assessment Criteria in Land Use Planning:
Requirements, Procedures and Implementation, 1997”.
The above policies shall not apply to infill on Lots of Record.
6.3.1.1
New development near the Terrace Bay Airport:
To protect the long term viability potential of the Terrace Bay Airport, all proposed new
development within 1 kilometre of the Terrace Bay Airport may be required to undertake
noise studies, to the satisfaction of the Township, consistent with the requirements of
Transport Canada and the Ministry of the Environment (MOE), and to undertake
appropriate measures to mitigate any adverse effects from noise that are identified. The
Township's Comprehensive Zoning By-law shall require a minimum 500 metre setback
from the limit of the airport property boundary for any non-airport or non-industrial or
extractive use proposed in close proximity to the Terrace Bay Airport.
In all of the above noise-related situations, the definition of new development shall be a
defined in the Township's Comprehensive Zoning By-law. (i.e., meaning a new building
or a building that will be enlarged more than 60% in size from what existed on the day of
adoption of this plan).
Council may utilize holding zone provisions to address such situations; with the holding
provision to be removed only upon completion of identified remedial works.
6.3.1 Man-Made Hazards
Current or historic use of land for many commercial, industrial, transportation, or utilities
purposes suggest the possibility of contamination, and may impact upon the future use of
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lands for more sensitive land uses. Where previous commercial or industrial uses are
being redeveloped for more sensitive residential, park, or institutional uses, the
proponents of new development may be requested to include environmental site
assessment of the lands involved as a part of any planning approval. Such assessment
would be expected to identify any contamination and described remedial actions
necessary to address such findings. Where contamination has been identified, and
remedial action has been recommended, the Township will expect a Record of Site
Condition acknowledged by the Ministry of the Environment before it considers related
planning approvals. Alternatively, a hold by-law may be used.
Council may utilize holding zone provisions to address such situations; with the holding
provision to be removed only upon completion of identified remedial works.
The following policies apply to lands that are considered to be human-made hazards:
•
•
•
Development on, abutting or adjacent lands affected by mine hazards, former
mineral mining operations, or mineral aggregate operations (i.e, AMIS Sites) may be
permitted only if rehabilitation measures to address and mitigate known or suspected
hazards are underway or have been completed.
Contaminated sites shall be remediated as necessary prior to any activity on the site
associated with the proposed use such that there will be no adverse effects.
See also Section 4.1.6.3 - Influence Area and Separation Distances (Mineral
Aggregate Resources) and Section 4.1.7.3 - Influence Area and Separation
Distances (Mineral Resources).
Lands identified as contaminated or potentially contaminated shall be evaluated and
where required, (i.e., particularly a change in land use to a sensitive land use) shall be
remediated in compliance with O.Reg. 153/04 and Ministry of the Environment
Guideline “Records of Site Condition – A Guide on Site Assessment, the Clean-Up of
Brownfield Sites”, such that the site is suitable for the intended future use.
Mandatory filing of a Record of Site Condition on the Registry is required for any change
to a more sensitive land use such as a change of use from industrial to residential or
parkland. The applicant shall provide the Township with a Ministry of the Environment
acknowledged Record of Site Condition (RSC) and an affidavit from a qualified
professional acknowledging that the Township may rely on the statement in the RSC
prior to the granting of any development approvals by the Township or approval
authority.
Where a gasoline station site is being redeveloped to a more sensitive land use, the
Township will require a clearance letter from the Technical Standards and Safety
Authority (TSSA).
6.3.2 Mine Hazards
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Lands identified as having a mine hazard on the Land Use Plan shall be rehabilitated in
compliance with the Rehabilitation Code regulation under the Mining Act prior to any
development or redevelopment. A mine hazard rehabilitation report shall be submitted to
the Township as a condition of development or redevelopment. Lands within 1 kilometre
of a mine hazard shall be evaluated for their safety for construction (development) and if
necessary, a mine hazard rehabilitation report shall be prepared. The Township will
consult with the Ministry of Northern Development and Mines regarding the nature of the
mine hazard and any rehabilitation or remediation measures that may be required under
the Mining Act.
Planning Resource Kit
Natural Hazards: MNR, Understanding Natural Hazards, Queen’s Printer, 2001:
www.mnr.gov.on.ca/publications
Land Use Compatibility: Ministry of the Environment, Guideline D-6, Compatibility Between Industrial
Facilities and Sensitive Land Uses, www.ene.gov.on.ca/publications Forms, Manuals and Guidelines/Land
Noise and Vibration: Ministry of the Environment, Noise Assessment Criteria in Land Use Planning, LU131 (October 1997), www.ene.gov.on.ca/publications Forms, Manuals and Guidelines/Noise
Mining Act and Environmental Assessment Act: www.e-laws.gov.on.ca : Requirements of the Mining Act
for the exploration and development of mines:
http://www.mndm.gov.on.ca/mndm/mines/mg/advex/default_e.asp
Definitions: Provincial Policy Statement (2005): adjacent lands, development, erosion hazard, flood plain,
flooding hazard, site alteration, mineral mining operations, areas of mineral potential, minerals, mineral
deposits, mine hazard
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PART SEVEN -- LAND USE DESIGNATIONS
7.1 Land Uses
Land use is a description of the specific combination of human activities that is carried
out on lands and/or waters. It is the active use that is made of the land as opposed to
ownership/tenure, economic development, value, cover, or other such variables that relate
to land.
The various land use designations that are contained in and utilized as part of this official
plan are as follows;
Residential Area: the use of land, buildings and/or structures primarily to provide regular
and ongoing accommodation and home life for a person or persons, including sleeping,
eating, and leisure activities and such other activities that are customarily associated with
accommodation and home life.
Residential land use shall include single detached
dwellings, including modular housing but not mobile home trailers; semi-detached or
duplex dwellings; low to medium density row or town housing, triplexes or quadruplexes
or apartment dwellings or condominium dwellings.
Terrace Waterfront District: The use of land for tourist and eco-tourist related waterfront
development, where permitted uses include a broad range of outdoor recreation (golf
course, hiking, cross country skiing, snow mobile trails, activity/events areas); and
commercial recreational activities.
Commercial and Institutional Area: the use of land, buildings, and/or structures for
intended profit or gain, primarily for the purpose of selling of goods, products,
merchandize or commodities and/or for the supply of services. Institutional uses include
the use of land, buildings, and/or structures primarily for the conduct of or delivery of a
public or non-profit service or purpose Categories include larger institutional such as the
hospital and government offices, community institutional such as the high school, and
local such as secondary schools and churches.
Highway Commercial Area: the use of land, buildings and/or structures for automobileoriented commercial uses that depend on high volumes of automobile traffic.
Industrial Area: the use of land, building, and/or structure primarily for the
manufacturing, processing, fabrication, assembly of goods, materials or product, whether
or not a finished article or product results; the dismantling or separation into parts of any
article, machinery, or vehicle; welding; the storage and transportation of goods, and may
include accessory activities appropriate to the conduct of such activities.
Open Space: use of land, building, and/or structure primarily as conservation or
preservation, open space and/or recreational activities, publicly owned lands or other
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such passive use in recognition of environmental features; physical limitations to
development; and/or hazards to life or property determined to be inherent in the lands.
Rural Designation: use of land primarily for the conservation and protection of natural
resources and resource extraction with some limited opportunities for tourism and
resource-oriented commercial uses and low-density residential use.
Waste Management Facility: use of land for the management and disposal of household
wastes, recycling and composting.
Environmental Protection : use of land primarily for the conservation or preservation of
identified natural features that are considered to be of significance, including the Slate
Islands, major animal and/or waterfowl habitat, and/or major fish spawning locations.
In addition, the official plan is concerned about the setting within which various land uses
exist and are expected to be carried out, developed, and expanded. In this respect, the
official plan utilizes two categories of land, namely;
Settlement Area: being that portion of the municipality, as defined on Schedule “A” that
encompasses and contains the main built up portion of the community, and including that
area of the community that is expected to be provided with urban levels of service where
possible and practical.
Rural Area : being that portion of the municipality that is not contained in the defined
Settlement Area (Schedule ‘B’), and typically encompassing resource based and/or
recreational based development.
7.2 Urban Settlement Area
7.2.1 General Policies for the Urban Settlement Area
That portion of the Township that is designated as “Urban Settlement Area” is shown on
Schedule “A”.
Land Use Designations within the aforementioned Urban Settlement Area are also
described in detail on Schedule “A”. The following land use designations are described;
•
•
•
•
•
•
Residential Area;
Terrace Waterfront District;
Commercial and Institutional Area
Highway Commercial
Industrial Area
Open Space
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It is expected that land use patterns in the Urban Settlement Area will be based on
densities and a mix of land uses which efficiently use land and resources, which are
appropriate for and efficiently use the infrastructure and public service facilities which
are planned or available, which minimize the length and number of vehicle trips and
support the development of alternative transportation modes, which avoid the need for
their unjustified or uneconomic expansion, and which minimize negative impacts to air
quality and climate change and promote energy efficiency.
The Urban Settlement Area provides for an appropriate range and mix of employment
uses (i.e., commercial, industrial and institutional) to meet long-term needs and to
accommodate residential growth for at least 10 years through residential intensification
and redevelopment as well as other lands that are available and designated for future
residential growth.
It is the intent of Council that the Township will maintain at all times lands with servicing
capacity sufficient to provide at least a three (3) year supply of residential units through
lands suitably zoned to facilitate residential intensification and redevelopment and in
draft approved and registered plans.
It is intended that within the Urban Settlement Area, development will be directed and
accommodated in a manner that promotes the efficient use of existing municipal sewage
and municipal water services.
Land use activities within the Urban Settlement Area will be provided with full urban
services where such is possible and practical subject to the policies of Section 3.10 Public Service Facilities and Infrastructure.
Development shall have a compact form which focuses first and foremost on infill and
residential intensification on vacant lots serviced with municipal water and sewage
systems, and secondly, on development which is contiguous to existing urban
development and which minimizes the extension of municipal services.
The Provincial Policy Statement requires planning authorities to establish and implement
minimum targets for intensification and redevelopment in the existing built-up areas so as
not to unduly expand municipal infrastructure and public service facilities. The vast
majority of new development in Terrace Bay is expected to occur within the designated
Urban Settlement Area. A smaller amount of luxury and seasonal residential
development is envisioned in the waterfront area outside of the Urban Settlement Area in
the vicinity of Hydro Road. The Official Plan is based on the assumption that 90% of the
development needs over the planning period (2014-2034) will be met within the Urban
Settlement Area.
It is a policy of the Plan to ensure the phasing of development in order to prioritize
development on the basis of intensification and infill prior to developing in undeveloped
(greenfield) areas, and to ensure that new development occurs in close proximity to
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existing development in order to integrate new development to the existing urban fabric
of Terrace Bay.
New development within the Urban Settlement Area should occur in areas that are
adjacent to existing built-up areas in order to ensure a compact form.
A mix of uses and densities are promoted in future development and redevelopment.
Phasing may be used as a growth management tool within a single project (e.g., a plan of
subdivision) to ensure that infrastructure and public service facilities are optimized before
developing new infrastructure or public service facilities.
Phasing of new development will be planned to occur concurrently with residential
intensification in order to provide for an integrated build-out of residential
neighbourhoods (see also policies of Section 3.9 - Intensification and Infill).
Proponents of development shall demonstrate through technical information provided by
a qualified professional that infrastructure and public service facilities have adequate
capacity prior to the approval of new development.
The Township will facilitate redevelopment of formerly developed lands, including the
redevelopment of brownfield sites, where feasible (see also policies of Section 8.5 Community Improvement).
Development in the Urban Settlement Area will be characterized by sustainable and
energy efficient development that minimizes negative impacts to air quality and climate
change and which promotes energy efficiency.
The Township promotes design and orientations which maximize the use of alternative or
renewable energy, such as solar and wind energy, and the mitigating effects of
vegetation.
7.2.1.1 Modifying the Urban Settlement Area
The Urban Settlement Area shown on the land use schedules can accommodate an
appropriate range and mix of housing and employment opportunities as well as other land
uses, over the twenty-year planning horizon (2014-2034). There shall be no settlement
area boundary expansion unless it is determined that such an expansion is appropriate by
a Comprehensive Review in accordance with the Provincial Policy Statement. Such a
review shall demonstrate that available land within the settlement area has been used up.
Additional analysis may be required by Council not limited to a financial impact
assessment, a functional servicing plan, a biophysical report and a heritage and
archaeological assessment.
The expansion of the Urban Settlement Area boundary is not anticipated within the life of
this Plan, but will be considered as part of the comprehensive review of this Plan (every
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five years). An expansion of the Urban Settlement Area boundary may only occur at the
time that a comprehensive review is undertaken as defined in the Provincial Policy
Statement, and where it has been demonstrated that sufficient opportunities for growth
are not available through intensification and redevelopment in the settlement area in order
to accommodate projected growth needs, and where the infrastructure and public service
facilities are suitable for the proposed expansion over the long-term and where public
health and safety is protected.
7.2.2 Residential Area
Within the Residential Area designation shown on Schedule ‘A’, a variety of housing
types and densities are permitted including a predominance of low density single and
two-unit dwellings. Medium and higher density row housing, small block multiples and
small (three storey and under) apartment dwellings are also permitted where the land can
support such development and provided servicing is sustainable over the long term.
Second units are permitted in singles, semi-detached and row housing where they are
occupied by a single residential unit. Garden suites are also permitted (see Section
7.2.3.1 Garden Suites). Other permitted uses include special needs housing including
group homes (see Section 7.2.3.2 - Group Homes); public service facilities appropriate
to and compatible with a residential neighbourhood such as schools, parks, playgrounds,
places of worship, libraries, daycare facilities; and infrastructure designed and scaled to
service a residential neighbourhood. Neighbourhood serving commercial uses are also
permitted which serve the day-to-day needs of residents or which cater to the tourist
industry. Home occupations are permitted subject to the policies in Section 3.8 - Home
Occupations.
Accessory uses may include a bed and breakfast facility in a single detached dwelling
(see also Section 3.3 - Bed and Breakfasts), and home occupation (see also Section 3.8
- Home Occupations)
Council will treat residential land use as a sensitive land use, and will strive to provide a
safe residential environment; supported by necessary urban services; and free of noncompatible uses or activities.
Council’s objectives for residential land uses include;
•
•
•
Ensure an adequate supply of residential land in a variety of sizes, densities, and
locations.
Ensure that designated residential land use areas are not burdened by noncompatible surrounding land uses or activities.
To allow small scale non-residential activities, services, or supportive land uses to
occur within residential areas, including local commercial; minor institutional;
and recreational uses. Home Occupation activities are also to be recognized,
within the framework of policies established elsewhere in this document.
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•
•
To promote housing forms and operation of housing that is suited to occupation
by retired members of the community, including housing that integrates
individually arranged levels of support for health or continued independent living.
To promote, encourage and facilitate the provision of housing that is affordable to
moderate and low income households (see also Section 3.2 - Affordable
Housing);
The following criteria shall be considered in planning approvals relating to increased
density of residential development;
•
•
•
•
•
•
Compatibility of scale and character of buildings
Availability of urban services
The need for landscaping, buffering, or other measures to lessen impact upon
surrounding lands of lesser density
Location, preferably at an intersection, and/or abutting buildings of similar scale
The provision of adequate access/egress; off-street parking and loading areas; and
the safe and convenient movement of motor vehicles;
Multiple residential uses of six or more units are subject to the Site Plan Control
policies of Section 8.20 - Site Plan Control.
Where non-residential use is intended, the following shall be considered;
•
•
•
•
•
•
Compatibility of scale and character
Availability of services
The need for landscaping, buffering, or other measures to lessen impact upon
surrounding lands of lesser density
Location, preferably at an intersection, and/or abutting buildings of similar scale
The provision of adequate access/egress; off-street parking and loading areas; and
the safe and convenient movement of motor vehicles.
Local commercial uses are subject to the Site Plan Control policies of Section
8.20 - Site Plan Control.
New development shall be serviced with municipal water and sewage disposal facilities
where available (see Section 3.10.1 - Water, Wastewater and Stormwater).
New development shall be directed to locations where appropriate levels of infrastructure
and public service facilities are or will be available to meet current and projected needs.
New lots shall have frontage on and direct access to a public road maintained year-round.
Recreation uses may be permitted subject to the policies of Section 3.11 - Parks,
Recreation and Healthy Communities. Parks and playgrounds, sports facilities and
open space areas are recognized as integral components to residential neighbourhoods
provided they are designed and developed to be easily accessible to user groups for
leisure and recreational activities.
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Lot sizes will be designed to accommodate the main use, any accessory uses, and
potential future expansion and associated infrastructure requirements.
Other methods of residential development may include severances, in-fill on vacant lots
and conversions of larger dwellings or other buildings where the site can support a higher
density of use.
Development of new housing shall efficiently use land, resources, infrastructure and
public service facilities, and which support the use of alternative transportation modes.
See also Section 3.9 - Intensification and Infill.
Development in the Residential Area will occur primarily by Plan of Subdivision (see
Section 8.8.2 - Plan of Subdivision/Condominium).
Other methods of residential development may include severances, in-fill on vacant lots
and conversions of larger dwellings or other buildings where the site can support a higher
density of use.
Deeming of lots in existing subdivisions will not be considered where lots are integral to
the settlement pattern and available infrastructure; however deeming may be used to
prevent scattered and inefficient development.
Development will be subject to the community design principles of this Plan (see Section
3.4 - Community Design Principles).
7.2.3.1 Garden Suites
Garden suites are defined as a one-unit detached residential structure containing
bathroom and kitchen facilities that is ancillary (accessory) to an existing residential
structure and that is designed to be portable. Garden suites are intended for people who
are largely capable of living independently but who, by virtue of their age or because of a
disability, require some support to live on their own. Council may provide opportunities
for garden suites on a site-specific basis provided the lot is of a sufficient size and that the
unit can be properly serviced with municipal water and on-site sewage disposal. Garden
suites may be permitted through the passing of a temporary use by-law which may apply
for up to twenty (20) years. The temporary use by-law may be extended after the twenty
years for three (3) year intervals. The Township may establish a registry under the
Municipal Act to govern the occupancy and maintenance of garden suites.
7.2.3.2 Group Homes
Group homes are defined as a single housekeeping unit that are utilized for residential
accommodation of three or more unrelated persons, excluding staff, that require
responsible supervision in the home, consistent with the needs of the residents; and which
is licensed or approved under provincial statute, but shall not include a dwelling where
persons awaiting a trial or convicted of a crime are intended to reside.
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Group homes shall be permitted within the Urban Settlement Area within all residential
zones subject to Provincial requirements.
7.2.3.3 Neighbourhood Servicing Commercial Uses in the Residential Area
Neighbourhood-serving commercial uses are permitted in the Residential designation
subject to the following requirements:
•
•
•
•
A neighbourhood-serving commercial use is intended to include commercial
services for use by neighbouring residents in the residential area of the urban
settlement area, such as convenience retail facilities, personal service
establishments and public or private daycare facilities;
Neighbourhood-serving commercial uses may be permitted by site specific zoning
where the location is compatible with surrounding residential uses and the lot is
large enough to accommodate off-street parking. Preference will be given for a
location on a major street where traffic flows are more easily accommodated
An existing residential property may be converted to a neighbourhood-serving
commercial use or may be a mix of commercial and residential provided it meets
the criteria set out in Section 7.3).
Neighbourhood-serving commercial uses are intended to be small scale and will
generally be confined to a single commercial use.
7.2.3 Terrace Waterfront District
The Urban Settlement Area has been
expanded south of the current
Townsite resulting in the Terrace
Waterfront
District.
This
designation is shown on the land use
schedules as located along Beach
Road and Ridgewood Road to meet
the projected housing needs over the
planning period (2014-3034) as
outlined in the Housing Needs
Study. It is the intent of the Plan
that the Terrace Waterfront District
be planned for a range of land uses
including residential, recreation,
conservation, and tourist-oriented ad
recreational commercial land uses.
Figure 9: Terrace Waterfront District
A nine hole golf course and recreation centre, the Casque-Isles hiking trail network; and
an outstanding public beach form a strong existing basis for the Terrace Waterfront
District.
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It is the intent that the Terrace Waterfront District be considered a major “Gateway to
Adventure” by the Township. The Federal designation of portions of Lake Superior
coastline as a national marine park has significantly enhanced and strengthened the
potential for development, especially that which is related to tourism and eco-tourism.
Permitted uses for the larger waterfront development parcel will include a broad range of
outdoor recreation (golf course, hiking, cross country skiing, snow mobile trails,
activity/events areas); and commercial recreational activities.
Some residential
development is anticipated where special care is taken to ensure that such development is
consistent with the Township’s vision for the waterfront area.
Development along the shoreline area will be planned to sustain or enhance a naturalized
state in order to conserve the shoreline ecosystem and vegetative profile. Areas may be
cleared to provide physical access to the water or to provide for a viewscape provided the
alterations to the natural landscape are minimal. Council may require a qualified
professional to be engaged in the design of any alteration and may use development
agreements or site plan control to implement the findings of any study or professional
opinion.
7.2.4 Commercial and Institutional Area
The community’s Commercial and Institutional Area provides services to the local
population and to the travelling public.
The intent of this official plan is to integrate commercial and institutional land use within
a single general commercial and institutional area that would extend along Highway 17
through the centre of the community. Lands have been designated at the east and west
entrances to the town site, reflecting existing tourist resources and highway commercial
land uses.
It is the intent of the Official Plan to design and promote Simcoe Plaza as the primary
retail commercial area and to permit and encourage a wide range of commercial land uses
along the Highway 17 commercial corridor subject to site plan control (see Section 8.20 Site Plan Control).
Permitted land uses in the Commercial and Institutional designation include
• Commercial: retail stores, personal service uses (examples include but are not
limited to hair care, pet care, repair shops, computer services), business offices,
financial services, uses that depend on the travelling public or substantial traffic
flows and which are important to services (examples include but are not limited to
automotive uses, auto and recreational vehicle sales and services),
accommodation, restaurants and eateries, convenience stores, grocery stores, gift
shops, and antique stores. Residential uses may be permitted as existing uses and
ancillary uses to commercial uses (e.g., upper storey residential units). Public
service facilities are also permitted. Automotive uses will not be permitted in
Simcoe Plaza.
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•
Institutional: Educational and training facilities, community and recreation
facilities, cultural facilities, and seniors facilities as well as libraries and other
compatible uses that benefit the greater public are permitted in compatible
locations.
A healthy town centre has been and continues to be a planning objective of the Township
as seen through the recent revitalization of Simcoe Plaza. A healthy town centre is
important to promoting a sense of identity and for encouraging tourists to stop in Terrace
Bay. Development and redevelopment in Simcoe Plaza is subject to community design
principles established by the Township (see Section 3.4 - Community Design
Principles). It is the intent of the Plan that more automobile-oriented uses (i.e.,
automotive sales and repair, service centres, drive-through restaurants) would locate in
the Highway Commercial designation as opposed to the Commercial and Institutional
designation, as the Commercial and Institutional designation is more of the human-scale
of development that is typical in Simcoe Plaza.
The intent of the Plan is to develop Simcoe Plaza as signature feature of the community
where people gather for shopping, for recreation and a place to relax with internet access,
for community events and for tourists and residents alike to use and enjoy the lighthouse
to view the Lake Superior shoreline and the built form of the urban landscape. The
existing plaza is intended to be extended easterly on lands owned by the municipality. An
additional smaller strip mall designed to complement the plaza may be constructed on to
the south and may include a themed public park area.
Lot sizes shall be adequate for accommodating the main use, any accessory uses, and
potential future expansion and associated infrastructure requirements.
New development shall be serviced with municipal water and sewage disposal facilities
where available (see Section 3.10.1 for applicable policies).
New lots shall have frontage on and direct access to a public road maintained year-round.
Redevelopment and expansion to existing developed lands will be encouraged
subject to available servicing, access and an adequate lot size for the intended use.
Zoning and site plan control will be used to achieve the policy objectives set out in this
section of the Plan (see also Section 8.20 - Site Plan Control).
7.2.5 Highway Commercial
Highway commercial use currently exists at the intersection of Mill Road and Highway
17, including automobile sales and servicing, and a restaurant. A portion of the lands
designated Highway Commercial will be utilized for a communications tower, and
additional automobile oriented development is possible as well.
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Permitted uses in the Highway Commercial land use designation include but are not
limited to hotels, motels, automobile service and fueling stations, automobile sales, trailer
and marina sales, repair and service facilities, public garages, car washes, restaurants,
places of amusement and recreation, nursery or garden centres, industrial equipment sales
and service, farmer’s markets, flea markets, retail warehouses, retail uses, contractor
supply stores, service industrial uses with limited open storage, places of worship and
funeral service establishments.
It is intended that the current Highway Commercial land use designation in the Mill Road
area will be expanded easterly on Highway 17 and to lands on the south side of Highway
17, and zoning will be established that encourages use of lands in this area for
commercial activities that require larger land holdings for display, storage, or to
accommodate tourism and the available through traffic resource provided by the
Highway. Such Highway Commercial expansion on the south side of Highway 17 will
ensure that commercial lands contained within the centre of the town site, including the
former Birchwood Terrace property will be zoned and utilized for core
commercial/institutional uses.
Open storage use adjoining Highway 17 will be required to include appropriate
landscaping and/or screening along highway frontages.
Lot sizes shall be adequate for accommodating the main use, any accessory uses, and
potential future expansion and associated infrastructure requirements.
New development shall be serviced with municipal water and sewage disposal facilities
where available (see Section 3.10.1 for applicable policies).
New lots shall have frontage on and direct access to a public road maintained year-round.
Accessory residential accommodation for store owners, operators or as rental units
associated with the service commercial or light-industrial use may be permitted without
an amendment to the Official Plan or Zoning By-law provided that the residential use is
accessory to the main commercial or industrial use; and the entrance to the residential use
is separate from the commercial or industrial entrance.
Adequate off-street parking and loading facilities shall be provided for all permitted uses.
Access points to such parking areas shall be limited in number and designed in a manner
that will minimize the danger to both vehicular and pedestrian traffic.
Adequate buffering shall be provided between the Highway Commercial uses and any
adjacent residential uses to reduce the impact of noise, vibration, light, traffic, and view
on adjacent residential uses. Such buffering may include the provision of grass strips, the
planting of trees and shrubs, the use of open space, a berm, wall, fence, planting or any
combination of these sufficient to accomplish the intended purpose.
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No open storage of goods or materials shall be permitted adjacent to residential uses or in
any front yard.
A light industrial or manufacturing use may be permitted in the Highway Commercial
designation where associated with a principal commercial use.
New development in the Highway Commercial designation which involves the extension
of municipal services shall occur only on lands where full municipal water and sewage
services are provided.
All industrial uses shall comply with the requirements of the Ministry of the
Environment.
The Highway Commercial uses shall be appropriately zoned in the implementing Zoning
By-law. All Highway Commercial uses will be subject to the policies of Section 8.20 Site Plan Control.
7.2.6 Industrial Area
The Industrial land use designation serves as a primary location for economic growth for
the community. Land uses in the Industrial designation provide employment and
assessment, and the opportunity to maintain existing population and to attract new
population.
Permitted uses in the Industrial Area include:
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Class I, II and III Industrial uses (based on the Ministry of the Environment’s D-6
Guideline)
A broad range of manufacturing, assembly, dismantling, sorting, finishing,
packaging, repair, transportation, construction, warehousing and/or storage, and
electrical generation, including associated facilities.
Accessory activities such as administrative areas, small display or sales area, or
area for the provision of amenities for workers are also common to industrial
activities and will be provided for in the zoning by-law.
Automotive and heavy equipment repair and sales facilities;
Renewable energy facilities (e.g., wind or solar based power production);
Private clubs and institutional uses that require large amounts of space (i.e.,
arenas, community centres, bowling alleys) provided no land use conflict is
created;
Professional offices and industrial/commercial incubator malls;
Public service facilities.
The Township will work with the forest products mill to facilitate new industrial
opportunities and to expedite approvals for secondary industrial and commercial services
that support the forest products industry.
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The Township will also work towards the integration of the airport lands to support the
re-etablishment of air related services and commercial passenger and freight traffic.
Various fraternal organizations and offices are also located in the industrial area, and are
not expected to be able to relocate. Accordingly, zoning for the industrial area will
continue to recognize fraternal organizations and offices.
Industrial activity will be allowed under both fully serviced and on private sewage and
water service conditions.
Industrial development proposed to be serviced on full municipal services shall be
required to demonstrate that there is sufficient reserve capacity in the municipal water
and sewage systems to accommodate the proposed development.
Industrial development proposed on private individual on-site sewage and water services
should be restricted to “dry” industrial uses. Dry industries are industries which do not
consume large quantities of water for their processing or manufacturing operations (i.e.,
with an average daily effluent flow of less than 10,000 litres per day per lot and
consisting of domestic wastes only. No industrial/commercial process water will be
considered as a dry use). The processing of mineral aggregates and forest industry uses
(e.g., log cooling) is exempt from the restrictions on “dry industries”. A hydrogeological
report will be required by Council to justify the development of industrial uses
consuming more than 10,000 litres of water per day per lot.
Any industrial area shall be designed to be compatible with surrounding land uses
through the application of the Ministry of the Environment Guidelines D-1 and D-6 and
any associated studies for noise, air quality, odour etc.). This shall include the
application of influence area and separation distances as set out in the Guidelines.
Industrial uses shall be directed away from residential areas, sensitive land uses and
natural heritage features and areas.
Uses that are classified as obnoxious by appropriate legislation or regulation shall be
prohibited in the industrial zone unless specifically addressed in a zoning amendment that
introduces such use, and provides appropriate address to the issues and/or problems that
are involved with such use.
The internal layout of land uses shall also ensure compatibility between land uses.
Open storage shall be appropriately screened from adjacent properties and any public
street and Provincial highways.
The lot area shall be sufficiently large to accommodate the intended use including
parking, on-site manoeuvering, loading, storage of materials and wastes, access by
emergency vehicles, landscaping, snow storage and potential expansion.
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Industrial areas within the Urban Settlement Area shall be serviced with the municipal
sewage system and the municipal water supply system (see Section 3.10.1 - Water,
Wastewater and Stormwater).
Development will only be permitted where it can be adequately serviced with public
sewage and water services or individual on-site sewage services and individual on-site
water services and where site conditions are suitable for the long-term provision of such
services.
Industrial traffic shall be directed to and from industrial areas by designated roads and
Provincial highways.
Environmental approvals shall be obtained where required from the public authority
having jurisdiction.
Development standards shall be regulated in the implementing zoning by-law including
provisions for appropriate separation distances between industrial uses and other land
uses depending on the industrial classification.
Site Plan Control shall be used to regulate the massing and layout of buildings and
storage areas, waste disposal areas, access, parking and loading, lighting, drainage,
utilities and services, barrier-free design and landscaping for any of the permitted uses or
extensions to existing uses (see Section 8.20 - Site Plan Control).
Any industrial development proposed within 300 metres of any lake/waterbody shall be
subject to the policies of Section 4.1.4 - Lake Capacity.
7.2.7 Open Space
It is the intent of the Plan that within the Urban Settlement Area and the Rural Area
parks, open spaces and recreational facilities will be provided in a manner commensurate
with the needs of the Township of Terrace Bay, and in accordance with the policies of
this Plan.
While parks are permitted in all land use designations, the Open Space designation is
specifically intended to provide recreational and/or leisure activity area and/or facilities;
offer buffering between land uses; and serve to protect natural heritage features and areas
and natural hazards. Such land use will be provided for as a generally permitted use in a
variety of zones, and within specific open space and/or use limitation zones. Permitted
uses include major recreational activities such as public beaches, golf courses, ski
facilities, or snow mobile assembly areas and similar outdoor recreation areas, public
docks, cemeteries and public or private recreation facilities.
The implementing zoning by-law will facilitate construction of buildings and/or
structures as well as the provision of open, activity or play areas. Use limitation zoning
will be more restrictive of buildings and/or structures, limiting activity to flood control,
watercraft launching facilities, retaining walls, and similar features that do not expose
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construction to a significant risk or harm associated with flooding, soils instability or
other such conditions. Use limitations will also be identified in the implementing zoning
by-law to identify ANSI designations, identified mine hazards, and other such situations
where construction is not desired, or where specific address to one or more issues or
concerns must be addressed as part of any construction initiative.
All development affected by natural hazards such as poor drainage, organic soils, or
flood/erosion susceptibility or sufficient intensity so as to represent a threat to life or
property shall only be permitted in accordance with the policies of Section 6.1 - Natural
Hazards.
7.3 Rural Area
The Rural Area refers to all lands located outside of the defined Urban Settlement Area.
The Rural Area is intended to be rural in nature and character, and will experience
recreational and/or resource based development such as forestry, mineral extraction and
mineral aggregate resource extraction, and specific public development initiatives such as
the municipal airport, the municipal landfill site, and similar activities. It is the intent of
the Plan that the Rural Area will be used primarily for the use and management of
resources, resource-based recreational activities, and conserved for the protection of
natural heritage features and areas and water resources. Limited low-density residential
development is permitted in the Hydro Bay Area in accordance with the policies of
Section 7.3.1 - Rural Designation.
Typical uses include agriculture, pits and/or quarries, aggregate extraction, electrical
generation, mining exploration and development/mining production, hunting/fishing
remote camps, forestry, including harvesting and secondary processing, public utilities,
conservation, private and/or public recreation facilities including operation of an
equestrian facility, tourist lodges/resorts/campgrounds/ parks, and tourist outfitters.
It is the intent of the Plan to promote increased energy supply by providing opportunities
to generate energy to accommodate future and projected needs, and to promote and
encourage the use of renewable energy systems and alternative energy systems where
feasible.
7.3.1 Rural Designation
A broad range of resource based uses are permitted in the Rural Designation as
implemented in a corresponding zone in the implementing zoning by-law.
Permitted uses in the Rural Designation include forestry, agriculture, pits and/or quarries,
aggregate extraction, electrical generation, mining exploration and development/mining
production, Provincial Park, hunting/fishing remote camps, rural related industrial, public
utilities, and conservation uses. Permanent residential use will not be permitted, unless as
a necessary properly serviced accessory activity to a primary resource based
development. An exception is made for residential uses in the Hydro Bay area that are
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oriented towards the shoreline. Limited waterfront-oriented residential development is
permitted in the area of Hydro Bay where the policies below can be met in accordance
with the policies of Section 7.3.1.1 - Seasonal Recreational Land Use and Section
7.3.1.2 - Waterfront Development Policies.
Individual, remote hunting/fishing cottages will be permitted on existing parcels of lands,
whether accessible from public road or involving use of Crown Land use permits where
such lands are at least one kilometre distant from Highway 17. Severances shall not be
allowed for such remote recreational purposes.
Waterfront residential and tourist-commercial development along Lake Superior shall
maintain a minimum setback of 30.0 metres (with the exception of marinas), and shall be
expected to evaluate run-off, sediment and/or erosion control measures consistent with all
of the requirements and guidelines of the Ministry of Natural Resources (MNR) in this
regard. In addition the Federal Fisheries Act may apply if fish of fish habitat are
impacted by the development.
Initial descriptions of the initiative suggested seasonal and permanent residential land use
as a component of the development. Waterfront residential development alternatives
have been identified in the Hydro Bay area.
Development will only be permitted which is compatible with the rural landscape and
which can be sustained by rural service levels and which is compatible with adjacent
uses.
Development will only be permitted where it can be adequately serviced with individual
on-site sewage services and individual on-site water services and where site conditions
are suitable for the long-term provision of such services.
All development shall front on a year-round-maintained public road.
Tourism or recreation-based uses such as a lodge, tourist outfitter, marina, or golf course
may be permitted where the proponent demonstrates that the use will be compatible with
surrounding land uses and the character of the rural landscape. Larger public projects
such as the interpretive centre are expected to be required to carry out public information
meetings as a part of an Environmental Assessment process. Should such projects not
require such EA based meetings, Council will require that at least one (or more at
Council’s discretion) public meeting(s) will be held to inform the general public as to the
nature and public costs associated with the initiative.
Where lot creation is permitted, the proponent shall demonstrate, by submission of a
report, that there is reserve sewage system capacity available for any hauled sewage
generated by the development. Partial or communal services will not be permitted.
Rural industrial uses may be permitted where they are compatible with surrounding land
uses and where the industry does not require significant amounts of groundwater.
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Examples of rural-industrial uses may include forestry and transportation equipment
repair facilities, log-hauling operations and construction yards and related uses. Existing
industrial uses may be expanded where the use is compatible or can be made compatible
with surrounding land uses.
All uses will be appropriately zoned. Site plan control will apply to all non-residential
uses and all land uses adjacent to a water body. Site plan control will not apply to an
agricultural use. Communication facilities governed by Industry Canada will require an
undertaking addressing issues typically required by a site plan control agreement.
7.3.1.1 Seasonal Recreational Land Use
Development of seasonal recreational dwellings shall be permitted in the Rural Area, but
shall require a specific zoning amendment to be implemented as part of an approval to a
draft plan of subdivision. Existing seasonal recreational locations will be zoned in the
implementing by-law, including lands on Hydro Bay that have “association land tenure”
and private road access. Infill may also occur by consent proceedings.
Council is under no obligation to approve conversions from seasonal to permanent
residential uses. It is the intent of Council to consider conversions on a case-by-case
basis and where they will not have a negative impact on municipal finances or the
provision of municipal services. Council may request that the proponent of a conversion
submit a cost-benefits study if it is concerned that the conversion would negatively
impact municipal finances or the provision of municipal services. Council will also
consider environmental the impact of conversions of seasonal residences that are located
on water bodies, and will ensure that requests for conversion are supported by proof that
sewage disposal facilities that are appropriate for year-round residential land use.
New seasonal residential lots on private services, except in the case of infill, typically
would have not less than 61 metres of frontage and 1 hectares of lot area. Such lots would
be serviced by and have direct access to a public road, unless otherwise provided for.
Where average lot sizes are proposed at less than 1 hectare, specific water and sewage
servicing studies and details drainage studies may be required by Council to accompany
development applications.
Individual, remote hunting/fishing cottages will be permitted on existing parcels of lands,
whether accessible from public road or involving use of Crown Land use permits where
such lands are at least one kilometre distant from Highway 17. Severances shall not be
allowed for remote recreational purposes.
7.3.1.2 Waterfront Development Policies
The following policies apply to all development which is oriented to or within 300 metres
of one of the Township’s water bodies. These policies apply to all development which is
currently being used or which could potentially be used for shoreline oriented
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development. Any development or redevelopment application or proposal shall be
considered in light of the policies of this section of the Official Plan.
It is the intent of the Plan that waterfront areas (i.e., those within 300 metres of the
shoreline) will be used for the construction of single-detached dwellings (both permanent
and seasonal, as provided for elsewhere in this Plan), as well as tourist-oriented
commercial uses.
It is the intent of the Plan that the development and redevelopment of waterfront areas
shall maintain a high degree of protection of the natural heritage features and areas in the
Township. Therefore proposals for development shall have regard to the policies of
Section 4.1 - Natural Heritage and Natural Resources.
Development along shorelines shall occur primarily by plan of subdivision although a
limited number of severances are expected. Lots that have frontage on the shoreline shall
be at least 1 hectare in area where serviced with private services, and shall be set back at
least 30 metres from the high water mark.
As a condition of approving new shoreline development, a natural vegetation buffer shall
be maintained or re-established within the required shoreline setback in order to:
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Recognize the critical role that shoreline vegetation plays in terms of maintaining
a healthy shoreline ecosystem;
Ensure that Terrace Bay’s shoreline areas are aesthetically attractive destinations
for future residents and visitors and to minimize the visual impact of new
development accordingly; and
Prevent erosion, siltation and nutrient migration.
Removal of vegetation within the natural vegetation buffer within the natural vegetation
buffer and the shoreline activity area is otherwise permitted for:
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Constructing an access corridor or pathway to the shoreline from the dwelling
constructed of permeable materials; and
Fire safety purposes.
In creating a building envelope, consideration shall be given to an adequate fire
separation between the building and surrounding tree or vegetation cover.
Council may require a proponent to engage the services of a qualified professional to
design any proposed alteration to a shoreline area.
7.3.1.3 Tourism and/or Rural Commercial Land Uses
a) RV/Tent and Trailer Recreational Campgrounds
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RV, tent, trailer campground developments within the rural area will be
restricted to areas that offer some particular feature of benefit supportive
of a tourism business (ie waterfront, view, road intersection), and at
locations that will not impose financial demands upon the Township for
servicing. Highway frontage or nearby access is encouraged.
Campgrounds will be limited to transient and/or seasonal tourism use only
(which may include all seasons), and will have a minimum size of 5
hectares and a minimum of ten spaces available for rent to clients. A
campground may include an accessory dwelling for the proprietor or
manager/director. Actual campsite unit may vary, and will be addressed at
the time of implementing zoning amendment. Typically, campsites not
within the settlement area will be encouraged to have larger unit site areas
and gross densities in the order of one unit per 0.5 hectare of land available
in the parcel. Storage of trailers in the off season may be permitted as part
of a campground operation, as may accessory activities including
administrative area and a local convenience store serving the needs of the
clients of the campground.
As much as possible of the shoreline in front of any campground shall be
retained in its natural state. Any campground along the shoreline of a
waterbody shall be developed in accordance with the policies of this Plan,
including Section 4.1 - Natural Heritage and Natural Resources and
Section 7.3.1.2 - Waterfront Development Policies.
Campgrounds are permitted in the Rural Area where appropriately zoned
in the implementing zoning by-law.
b) Golf Courses
Golf courses may be permitted in the Rural Area. Golf courses will not be
permitted where they conflict with the stewardship of natural resources or
conservation of the natural environment. Golf course facilities may include
a club house, driving range, banquet facilities and accessory leisure
facilities and programs provided they are environmentally sustainable.
New courses or expansion to an existing course may be subject to
justification studies (e.g. hydrogeology, hydrology, traffic, archaeology).
Proponents of golf course development will be encouraged to prepare a
water use plan to help protect water resources.
Site plan control shall apply.
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7.3.1.4 Aggregate Extraction Land Use (Extractive Overlay)
Aggregate extraction shall be permitted within the Rural Designation and on Crown
Lands in accordance with the policies of Section 4.1.6 - Mineral Aggregate Resources.
7.3.2 Waste Management Facility
The waste management facility and a 500 metre influence area are shown on the Land
Use Schedule. Any development within this influence area shall be subject to the
policies of Section 3.10.2 - Waste Management Facility
7.3.3 Environmental Protection
Use of land within areas designated as Environmental Protection shall be limited to
existing uses and conservation use. In the case of any small islands that are located along
the Lake Superior shoreline, no rezoning and no construction of buildings shall occur
without an amendment to this official plan.
Planning Resource Kit
Minimum Distance Separation [MDS] Formulae, Implementation Guidelines, Publication 707,
Ministry of Agriculture, Food and Rural Affairs [email protected]
Land Use Compatibility: Ministry of the Environment, Guideline D-1, Land Use Compatibility and
Guideline D-6, Compatibility Between Industrial Facilities and Sensitive Land Uses,
www.ene.gov.on.ca/publications Forms, Manuals and Guidelines/Land
Drainage and Stormwater Management: Stormwater management Planning and Design Manual,
2003, www.ene.gov.on.ca/publications Forms, Manuals and Guidelines/Water & Sewage Works
Definitions: Provincial Policy Statement (2005): brownfield site, development, designated and
available, employment area, individual on-site sewage services, individual on-site water services,
infrastructure, intensification, municipal sewage services, municipal water services, partial services,
portable asphalt plant, portable concrete plant, public service facilities, redevelopment, residential
intensification, reserve sewage system capacity, sensitive land use, settlement areas
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PART EIGHT - IMPLEMENTATION
8.1 General
Council of the Township, with the assistance of municipal staff, and/or such other
resources as are determined by Council shall be responsible for the interpretation of this
document and the schedules that are a part of it.
It is intended that this document will be read with the understanding that the text and
schedules represent concepts and relationships rather than absolute and rigid conditions,
delineations or situations. Accordingly, so long as the overall intent is upheld:
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Land use designations shall represent predominant land uses and intended future
land uses, and shall not preclude the existence of small pockets or isolated
instances of other land uses. Use designations are therefore not all inclusive.
Boundary lines that do not coincide with major features such as roads,
waterbodies, or railways shall not be measurable, but rather viewed as
representing a concept or relationship.
Numbers shall not be absolute, and may be varied so long as the concept that they
represent is maintained.
Statements of program, objectives, or services shall not be construed as a
commitment by the Township to act, construct or otherwise provide within any
certain time frame.
8.1.1 Hardship
Where Council is applying an interpretation under this document, it may have regard for
situations that are not entirely consistent with the long term policies, objectives, or
concepts that are articulated, but where unique, extreme, and/or unnecessary hardship
may arise such as;
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Involving legal issues respecting land title.
Where a long standing building/structure no longer serves the original purpose or
use, and where such building remains a practical asset that is not practical to
renovate or otherwise convert to a use that would be consistent with the official
plan.
Council may support planning decisions with respect to such situations where new uses
would not be offensive to surrounding lands and where surrounding lands are considered
and are afforded reasonable protection against any impacts that might arise.
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8.2 Acquisition of Land
In accordance with Section 24 of the Planning Act, Council may acquire land for any
purpose set out in this Plan and may lease or otherwise dispose of such lands where no
longer required.
8.3 Amendments to the Official Plan
Amendments to this Plan may be initiated by application or by Council in compliance
with the requirements of the Planning Act for changes to the substance of the policies of
the Plan or for a change in a land use designation.
8.4 Building Code Act
All construction shall comply with the relevant provisions of the Building Code Act.
Despite the provisions of Section 8 of the Act, sewage disposal systems shall be set back
from the shoreline of a lake or water body the required distance set out in the zoning bylaw.
8.5 Community Improvement
Council may participate in programs or other activities that have as an objective the
improvement of one or more land uses, areas, or other features of the Township, and may
partner with other levels of government and/or private sector interests in order to carry
out and achieve the following;
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To improve social, recreational or other such community services and/or facilities.
To improve the physical environment of the community including municipal
physical services and/or facilities, streetscape, or the upgrading of private
property.
To promote new employment; new investment; and new tax assessment.
To redevelop or encourage the redevelopment of brownfield lands.
Specific objectives for Community Improvement Planning in Terrace Bay will include;
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Paved surface on all residential, commercial and institutional streets.
Curb and gutter, storm sewer, and street lighting on all roads within the
Settlement Area.
Sidewalks on at least one side of all residential streets.
Improvements to existing parkland, beaches, playgrounds, rest areas, tourism
promotion areas, and to open space and indoor recreation/leisure facilities.
Improved amenities for adults and senior citizens.
Publicly owned and operated sewage and water service to all property owners
within the Urban Settlement Area.
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•
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To recover and re-utilize contaminated or otherwise abandoned industrial lands
(brownfield sites).
Repair, replacement, upgrading of infrastructure and public service facilities;
Improving and beautifying the downtown and streetscapes;
Repairing, retrofitting, and rehabilitating private and public buildings;
Facilitating the delivery of affordable housing;
Improving or rehabilitating built heritage resources;
Ensuring barrier-free design and improved accessibility for persons with
disabilities and the elderly by removing and/or preventing land-use barriers which
restrict their full participation in society.
Council may provide financial incentives under the Municipal Act to encourage and
facilitate community improvement (e.g., loans, grants) and the redevelopment of
brownfields.
Council may acquire, lease or dispose of land for community improvement purposes.
In phasing of community improvements it is the policy of Council to determine specific
community improvement project priorities and the budget allocation as part of the annual
municipal budgeting process, and to undertake community improvements based on the
number and severity of any deficiencies, the benefits of the improvement to the project
area, the degree of municipal commitment and public support for the project, and the
financial resources available.
Council may establish one or more community improvement project areas by by-law for
the purposes of undertaking community improvement projects. The Community
Improvement Area determined by Council in accordance with these objectives is the
defined Settlement Area. A Community Improvement By-law will be enacted for this
area, and community development initiatives may occur within this area.
8.6 Development Charges
This Official Plan is to be considered as a statement of intent of Council to carry out or
authorize to be carried out, various public works which may be subject to a development
charge.
8.7 Height and Density Bonusing
The Township may authorize buildings to exceed the height and density of development
otherwise permitted in the zoning by-law in exchange for community benefits such as
increased parkland dedication, improvements to recreational and leisure facilities,
provision of affordable housing, improvements to the transit system, additional off-street
parking, improvements to streetscaping, or measures for community improvement.
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8.8 Holding By-laws
Council may implement, in conjunction with any land use zone, a holding provision
where the principle of development has been established specifying that the lands to
which the provision applies shall be utilized when specific conditions are met, for one or
more purposes, which are, at the present, considered to be premature or otherwise
inappropriate. A holding symbol (-h) shall be applied as a prefix to the relevant zone in
order to implement such provisions.
The holding provision may be used in order to;
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Identify future intended use.
Stage or phase developments.
Provide for the installation of services prior to development occurring.
Allow study or review of issues such as contamination, noise, environmental or
planning review or other such considerations.
Ensure that conditions of development, including subdivision agreements and/or
site plans have been enacted and satisfied
To implement and facilitate clean up; rehabilitation; or decommissioning prior to
development
Where a holding provision has been assigned to the zoning of lands, use shall be limited
to the uses that are set out within the holding by-law, and typically shall include uses
legally existing at the time that the holding by-law was enacted, and some limited range
of uses from the zoning by-law list of otherwise permitted uses.
The holding by-law shall not serve to prevent accessory buildings minor additions, or
renovations/maintenance/upkeep.
Application of a holding provision may occur on the basis of;
•
•
Where existing infrastructure has been determined to be insufficient relative to a
proposed development or use.
Where development is contingent upon other matters occurring, such as the
consolidation of land; the execution of agreements; or the carrying out of a
determined study or review, and including the completion of any works that are
recommended or determined as necessary by such study or review.
A holding by-law provision may be removed from all or from a part of the lands to which
it applies upon the Township being satisfied that the matters causing the holding
provision to have been applied have been adequately resolved, including;
•
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Identified necessary services have been installed
Related plans or studies have been completed
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•
•
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Defined works have been completed or agreements implementing such are in
place
Performance bonding, insurances and other such securities documentation has
been established
A Record of Site Condition has been obtained
8.9 Interim Control By-laws
Where Council has determined by by-law or resolution that a land use study is needed
and that such study shall be undertaken for all or for a part of the Township, Council may
pass an Interim Control By-law restricting the use of land, buildings, and/or structures
within the area defined in such by-law for a limited period of time while the study is
being undertaken. Such use or uses of land to which the lands to which the by-law is to
apply shall be detailed in the Interim Control By-law.
Where an Interim Control By-law is being proposed, a planning justification shall be
required to be prepared and reviewed by Council demonstrating the need for such a bylaw and confirming that the necessary study can be completed within the time being
considered.
An Interim Control By-law shall normally impose such a restriction for a period not
exceeding one year from the date of passing of the by-law, provided that where additional
time is found to be needed to complete the study, Council may extend the term of the bylaw such that the total time that the by-law is in effect will not exceed two years.
Where an Interim Control By-law has been enacted, and has lapsed or otherwise ceased
to be in effect, Council may not pass a further Interim Control By-law for three years.
8.10 Land Division
The creation of new lots is carried out under plan of subdivision/condominium and by
severance (consent) proceedings under the Planning Act. The creation of all new lots by
plan of subdivision or consent shall comply with the following general requirements and
the specific requirements of the applicable land use designation.
8.10.1 Consent
Applications for consent for new lots, title clarification, lot enlargements, lot adjustments;
may be considered under the following circumstances:
•
•
•
Within the Urban Settlement Area, applications for severance are permitted to
clarify title, for lot additions, and for new lots that facilitate infill development;
Within the Rural Area, not more than one new lot and a retained lot may be
created from lots existing as of the date of passing of this document;
Newly created and retained properties shall comply with the requirements of the
implementing zoning by-law;
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•
•
•
•
•
•
•
•
Where new and retained lots have frontage on and direct access to a year-round
maintained public road, except as specifically provided for in this document.
Where the extension of a road, or sewer and/or water service is not required;
Where it is demonstrated that the creation of such lots will not jeopardize the
logical development of any retained lands or the surrounding area;
Where the development of a lot will not result in a traffic hazard due to limited
sight lines on curves, grades or near intersections;
Where all studies and other information required by the Township to determine
compliance with this Plan are provided in support of the application where
determined necessary;
Where development will not compromise the opportunity to develop adjacent
lands and does not result in the land-locking of other lands;
Where development can be adequately serviced with individual on-site sewage
services and individual on-site water services or the municipal sewage or water
services and where site conditions are suitable for the long-term provision of such
services.
Where all other matters set out in the Planning Act pertaining to the severance of
land, are addressed.
Conditions on development by consent or plan of subdivision/condominium may be
imposed by the approval authority relating to matters such as but not limited to site plan
control; zoning amendment; dedication of parkland; provision of necessary easements;
removal of problem buildings and/or structures; drainage plans;
berming/buffering/screening (see also Section 8.17 - Planning Applications).
8.10.2 Plan of Subdivision/Condominium
Development shall generally take place by plan of subdivision in the Urban Settlement
Area or for large-lot residential and waterfront development in the Rural Area. A plan of
subdivision/condominium shall be utilized where development involves multiple parcels
of land (i.e., greater than one severed and one retained lot) of a property and/or where
new roads, services, utilities or other such features are required.
Prior to approval of a Plan of Subdivision, Council shall be satisfied that:
•
•
•
•
•
The approval of the development is not premature and is in the public interest;
Applications for a plan of subdivision shall be in accordance with the
requirements of the Planning Act. Additional information may be required in
assessing the appropriateness and the location of the subdivision;
The lands will be appropriately serviced with infrastructure, schools, parkland and
open space, community facilities and other amenities;
There is sufficient reserve sewage system capacity, including treatment capacity
of disposal capacity for hauled sewage from private communal systems and
individual on-site sewage services.
The proposed development will conform to the land use policies for the land use
designations shown on the land use plan schedules;
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•
•
•
•
The development will comply with the provisions of the implementing zoning bylaw. Where a zoning by-law amendment is required, such amendment shall be in
force before the subdivision is finalized;
The proposed lots shall front on and have direct access to a year-round maintained
public road;
That development shall not result in a traffic hazard from limited sight lines on
curves, grades or near intersections;
That all studies and other information required by the Township to determine
compliance with this Plan shall be provided in support of the application.
Where a draft plan of subdivision/condominium is submitted, Council will have regard
for the matters that are identified in The Planning Act as requiring consideration.
Council may also request that the applicant provide such studies and reports as might be
appropriate, including preliminary lot grading and drainage concept plans and studies
pertaining to soil carrying capacity or to any particular or unique feature of the lands (see
also Section 8.17 - Planning Applications).
The Township will require the applicant of a plan of subdivision/condominium to enter
into a subdivision agreement addressing and providing for such issues as roads, utilities,
easements, parkland dedication, and liability and performance protections. The
Township may elect to accept parkland or cash in lieu of park land at its sole discretion as
a part of any draft plan of subdivision (see Section 8.11 - Non-conforming Uses).
The Township may also request that any road allowance that is found to be a part of any
lands being a part of a plan of subdivision, or as part of lands being severed be surveyed
and dedicated to the Township, and/or that any road allowance necessary for road
widening, and/or any necessary easements be similarly dedicated to the Township.
Where new urban services are contemplated as a part of a development initiative, Council
will expect to enter into development agreements that will cause the capital costs of such
services, utilities, parkland and other public features to be borne by the proponent or
developer. Council will also typically require performance and maintenance guarantees
and public liability protections in such situations.
Where infill situations occur, council may request;
•
•
That contributions be made for parkland, either as land or as cash in lieu as
provided for in the Planning Act.
That any road allowance found to be a part of such private lands be surveyed and
dedicated to the municipality as a condition of any relevant planning approval.
In addition to standard public sewer and water service, the municipality will expect
applications for planning approvals to address the impact of storm water, including on
site and off site impacts. New development will consider the impacts of storm water
quality and quantity on the lands and waters downstream. Storm Water Management
Plans shall be required as a condition of development approval within the Settlement
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Area and for any large scale non-residential development or plan of subdivision with the
Township. Infill situations will also have regard for storm water impact, although clearly
potential to address off site components of such will be more limited.
Local utilities such as hydro, telephone, shall be extended to new development in a
manner to be determined by the appropriate agencies. Municipal funds will not typically
be expended for such services, either in the case of new subdivision or new severance
development.
Development will not be permitted on an inland lake where the lake has reached its
capacity and no residual capacity exists for that water body
Subdivision development will take into consideration barrier-free design.
Subdivision design shall prioritize connectivity and be easily integrated with the existing
street pattern in order to ensure the proper phasing of development. Street layouts should
ensure maximum pedestrian connections with other streets in order to promote walking
and alternative forms of transportation.
Part-lot control may be used for existing plans of subdivision where it is necessary to realign lot boundaries, to clarify or grant title, to provide a service easement, or widen a
road.
A deeming by-law may be passed by Council under Section 50(4) of the Planning Act for
a plan of subdivision or part thereof that has been registered for eight years or more and
where Council deems it appropriate to apply subdivision control to the lands under
Section 50(3) of the Planning Act.
8.11 Non-conforming Uses
A non-conforming use is a use of land that lawfully existed on the date of adoption of any
zoning by-law passed under the Planning Act; has continued uninterrupted (or where
interrupted, there has been a reasonable attempt to continue the use during the period of
discontinuance) and does not conform with the uses permitted in the zone(s) which apply
to the subject lands. A non-conforming use may be extended, enlarged or changed to a
similar or more compatible use under Section 34(10) or 45(2) of the Planning Act,
provided that:
• It is not reasonable or feasible to cease or relocate the use;
• Any incompatibility with surrounding land uses is not aggravated;
• Surrounding uses are protected by appropriate buffers, setbacks and other
measures to improve the compatibility of the use;
• Adequate infrastructure, access and parking are provided;
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• Natural and human-made hazards are addressed, and
• Development details may be regulated by a development agreement.
Nothing in this Plan shall prevent the reconstruction of a legal non-conforming use which
is inadvertently destroyed by a natural cause (e.g., fire, flood, earthquake, subsidence),
provided the building is reconstructed on the same building footprint. Council will,
however, encourage buildings to be relocated outside of a flood plain.
8.12 Lots of Record
Lots of record are legally created parcels or tracts of land that can legally be conveyed.
For the purposes of this Plan, lots of record are deemed to include lots or blocks on a
registered plan of subdivision and parcels created by consent. Lots of record which are
vacant and which existed on the date of adoption of this Plan may be used for building
purposes provided that the lot fronts on a public road, the lot complies with the policies
of the underlying land use designation, the lot complies with the zoning by-law and the
lot is or can be adequately serviced. Development may be prohibited or restricted on lots
which are significantly undersized for the proposed use.
8.13 Parkland Dedication (or Cash-in-lieu)
As a condition of development or redevelopment, Council may, subject to passing a bylaw, require the conveyance of 2 per cent of the land proposed for commercial or
industrial development or 5 per cent for residential development or the cash-in-lieu
equivalent and the conveyance shall be for park or other public recreational purposes.
8.14 Plan of Condominium
Lands processed and owned under the Condominium Act shall be considered to be the
same as lands processed and held under the Planning Act, and condominium shall be
considered to be an aspect of process and tenure and not land use. Condominium
approvals may involve consideration of private road allowance that is under the
jurisdiction of the resulting condominium corporation. Should such arrangements be
agreed to by Council, Council will expect that any private condominium roads will be
constructed to a standard that will allow ease of access by emergency vehicles. A plan of
condominium will be reviewed according to the same policies as set out in Section 8.10.2
- Plan of Subdivision/Condominium.
8.15 Planning Applications
The following diagram provides a synopsis of the planning process for an official plan or
zoning by-law amendment. Types of planning applications that may be filed with the
Township include: [Section of the Planning Act shown in (parenthesis)]:
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•
•
•
•
•
•
In Official Plan Amendment (22)
Zoning By-law Amendment (34)
Holding By-law/removal of Holding symbol (36)
Temporary Use By-law (39)
Site Plan Control (41)
Minor Variance/Permission of extension/expansion, change of non-conforming
use (45)
• Consent (53)
• Plan of Subdivision (51)
Prior to filing an application, applicants will be required to meet with the Township to
ascertain the requirements for the submission of applications (e.g. required studies and
information, fees, peer review, agency and public consultation etc.)
Studies or information which may be required in support of an application will depend on
the type of application and the circumstances. Studies or information may include, but is
not limited to (Sections of the official plan shown in brackets):
•
A source water protection study including surface and groundwater impacts;
•
A geotechnical study for unstable slopes (Section 6.1 - Natural Hazards);
•
A flood hazard study (Section 6.1 - Natural Hazards);
•
Drainage/Stormwater Report (Section 3.10.1 - Water, Wastewater and
Stormwater);
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Archaeological Assessment (Section 5.2 - Archaeological Resources);
•
Heritage Impact Assessment (Section 5.1 - Cultural Heritage);
•
Noise and/or Vibration Study (Section 6.3.1 - Noise, Section 4.1.6 - Mineral
Aggregate Resources, Section 4.1.7 - Mineral Resources, and Section 6.2 Land Use Compatibility) ;
•
Blast Impact Study (Section 4.1.6 - Mineral Aggregate Resources);
•
Traffic Study (Section 3.10.3 - Transportation, Section7.2.4 - Commercial and
Institutional Area, Section 7.2.5 - Highway Commercial, Section 7.2.6 Industrial Area);
•
Air Quality (Section 7.2.6 - Industrial Area);
•
Land use Compatibility (Section 4.1.6 - Mineral Aggregate Resources, Section
4.1.7 - Mineral Resources, and Section 6.2 - Land Use Compatibility);
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•
Environmental Impact Study (Section 4.1.2 - Environmental Impact Study;
Section 4.1.6 - Mineral Aggregate Resources, Section 4.1.7 - Mineral
Resources, and Section 6.1 - Natural Hazards).
•
Municipal Servicing Capacity report (water, sewer); (Section 3.10.1 - Water,
Wastewater and Stormwater, Section 7.2 - Urban Settlement Area; Section
7.2.2 - Residential Area; Section 7.2.3 - Terrace Waterfront District; Section
7.2.4 - Commercial and Institutional Area; Section 7.2.5 - Highway
Commercial; Section 7.2.6 - Industrial Area; Section 7.3.1 - Rural
Designation)
•
Septage Haulage Report (Section 3.10.1 - Water, Wastewater and Stormwater;
Section 7.3.1 - Rural Designation; and Section 8.10.2 - Plan of
Subdivision/Condominium)
•
Minimum Distance Separation (Section 4.1.5 - Agriculture);
•
Mine Hazard Rehabilitation (Section 6.3.2 - Mine Hazards);
•
Odour (Section 6.2 - Land Use Compatibility; Section 7.2.6 - Industrial Area).
Applicants shall bear the cost of any study and any required peer review.
8.16 Public Works
Public works may only be undertaken where they comply with this Plan. Public works
which do not comply shall be governed by Section 24 of the Planning Act.
8.17 Site Plan Control
For the purposes of Section 41 of the Planning Act, the entire Township of Terrace Bay
as illustrated on the schedules to the Official Plan, is designated as a site plan control
area. Site plan control may be used and agreements entered into for the construction
and/or maintenance of all of the matters set out in Section 41(7) of the Planning Act for
land uses including:
•
•
•
•
•
•
•
Any industrial, commercial or institutional use and including campgrounds and
golf courses;
Any multiple residential use consisting of six (6) or more dwelling units;
Residential intensification projects;
Facilities designed and intended to have regard for persons with disabilities;
Resource uses including mineral aggregate operations and mineral mining
operations;
Heritage conservation projects;
Any lands abutting a lake, water body or natural environment area.
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Council may secure the dedication of land for a road widening or intersection
improvement provided that the conveyance requested does not exceed one-half of the
deficiency of the width. The conveyance shall apply to the full frontage of the property
wherever the deficiency exists.
Council will consider barrier-free design in site plan control agreements.
8.18 Temporary Use By-laws
An amendment to the zoning by-law may be passed permitting a temporary use of land or
buildings that is otherwise prohibited by the zoning by-law, in accordance with Section
39 of the Planning Act. A temporary use by-law shall be deemed to conform to this Plan,
and an amendment to this Plan is not required for a temporary use.
8.19 Property Standards By-law
Council may enact a property standards by-law, and establish a property standards
committee, as provided for in the Building Code Act within all or within any part of the
Township, and where such a by-law applies, all properties shall conform to the standards
and provisions set out therein. Such a by-law may apply to lands, building(s) and/or
structure(s), and shall be implemented and enforced by such staff person(s) and/or
position(s) as Council may from time to time designate.
Council may, within such by-law, enact regulations intended to address;
•
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Structural integrity, and standards for occupancy of buildings and/or structures.
The maintenance of yards and open spaces, and in particular to ensure that such
lands are well kept state, free of debris and/or or unsightly materials, equipment,
and that the overall yard is in keeping with the surrounding residential character,
including such matters as the regulation of the cutting and/or storage of firewood.
Notice, enforcement, and/or administration, including removal of buildings.
8.20 Zoning By-law
The zoning by-law represents the primary means through which this official plan shall be
implemented. It provides the legal obligation of land owners to adhere to the concepts
established in the official plan. Zones and appropriate regulations shall be established in
accordance with the land use concepts that are described in this official plan, and as
illustrated on the schedules that are a part of this official plan.
Zoning amendments will be considered where the requested changes are consistent with
this official plan, or where such changes are consistent with an amendment to this plan
that is being processed
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Regulations shall be included within the zoning by-law to prevent the use of outdoor
wood-burning furnaces in the settlement area and on lots that are less than 2 hectares in
area.
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